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Blog Comments

  1. ImmigrationLawBlogs's Avatar
    I just reviewed the new 9th circuit travel ban decision. I was puzzled by the fact that it did not apply the supreme court's facially legitimate standard. A computer search of the 86 page decision uncovered a discussion of Mandel in a footnote. Se footnote 9 on page 33, which reads as follows:

    This claim looks at whether the President appropriately exercised his authority under § 1182(f) by satisfying its precondition, and whether, and to what extent, his authority under § 1182(f) is cabined by other provisions of the INA. Because this challenge does not look at whether “the Executive exercises this [delegated and conditional exercise of] power negatively,” Mandel, 408 U.S. at 770 (emphasis added), nor involves a constitutional challenge by a citizen to a visa denial on the basis of congressionally enumerated standards, id. at 769–70, but rather looks at whether the President exceeded the scope of his delegated authority, we do not apply Mandel’s “facially legitimate and bona fide reason,” id., standard. See Sale, 509 U.S. at 166–77 (reviewing whether the executive order complied with the INA without reference to Mandel’s standard).

    Do you agree with what then court is saying?

    Nolan Rappaport


  2. ImmigrationLawBlogs's Avatar
    POLITICO has a wonderful report dated June 21 on the evident influence that the ancient Greek historian, Thucydides, is having on White House thinking regarding foreign affairs, especially regarding the need to avoid any possible conflict between the US and China.

    While the president himself is not exactly known for his intellectual distinction, it is encouraging to know that at least some of his advisers are learning from the classics, which have so much to teach us about history and human nature. See:

    http://www.politico.com/magazine/sto...history-215287

    As a high school student at Phillips Academy, Andover (Mass.) many decades ago, it was my great fortune to be introduced to ancient Greek, but the only historian we read was Xenophon - I have to this day never read anything by Thucydides.

    However, it is never too late to start. At the same time, given whom America now has as president, it would be well worthwhile to bone up on what Plato, Aristotle and other ancient Greek thinkers had to say about how a democracy can turn into tyranny.

    Roger Algase
    Attorney at Law
    Updated 06-21-2017 at 02:24 PM by ImmigrationLawBlogs
  3. ImmigrationLawBlogs's Avatar
    For a chilling take on how Trump's megalomania could be putting him on the road to becoming America's "Dear Leader", see Chauncey DeVega's June 15 column in salon.com

    Groveling Before the Mad King: Donald Trump's Cabinet of Sycophants

    http://www.alternet.org/news-amp-pol...net-sycophants

    Did Trump's cabinet meeting that DeVega reports on take place in America or in North Korea?

    It is hard to tell the difference.

    Roger Algase
    Attorney at Law




    Updated 06-16-2017 at 06:34 PM by ImmigrationLawBlogs
  4. ImmigrationLawBlogs's Avatar
    They say that even a broken clock is right twice a day.

    Trump, so far, is doing the right thing on DACA, by continuing to grant new approvals and extensions at about the same pace that Obama was doing, even in the face of furious opposition by some of Trump's own right wing nationalist base supporters who are criticizing him for breaking his campaign promise to cancel DACA on his first day in office.

    See my June 13 ilw.com post.

    If Trump is as anxious to be remembered as a great president as he apparently wishes to be, a good place to start would be to tear up and throw most, if not all, of his other immigration campaign promises in the trashcan of America's immigration history along with his DACA promise.

    So far, there has not been very much sign that this will ever happen, but one can always hope.

    Roger Algase
    Attorney at Law
    Updated 06-13-2017 at 09:16 AM by ImmigrationLawBlogs
  5. ImmigrationDaily's Avatar
    I have been listening to Trump and his propaganda machine in the wake of Jim Comey's testimony. I have noticed that they are emphatically denying that he ever said or did things that he was never accused of saying or doing in the first place! What amateurish hypocrisy!

    They are substituting red herrings, quite unsuccessfully, all over the place. They are all over the map and clearly flustered! Good!

    Trump is saying things like: "I never asked him for a "pledge of allegiance under oath"".

    No, he didn't. He asked for a promise or assurance of "loyalty". This one stands out because he (Trump) was called on it the second he tried it and it is being re-hashed by the pundits and talking heads (except on Fox, of course). Heil Trump? I don't think so, Adolf! Comey don't play that! And neither do I. That is only one example, I'm sure journalists all over are looking for more.

    I am also sick of the blatant and pathetically inadequate, efforts at misdirection.

    When a Trump-loyalist "talking head" is confronted with something they cannot defend, justify, or explain away; they start talking over the person making the valid point and bringing up something totally irrelevant (and usually inane).

    For example, if a calm person accurately lays out a timeline of events that truthfully shows the administration in an unfavorable light, the Trump-loyalist (the Trumpeter) might start talking about Hillary Clinton, Barack Obama, Loretta Lynch & Bill Clinton, or Obamacare. Challengers were giving up in disgust, shaking their heads, and "going to commercial", probably so that they didn't blow up on air.

    More and more, the truthful folks (like Anderson Cooper, Jeff Toobin, and my favorites, Don Lemmon and Wolf Blitzer) are refusing to be silenced. The "exasperation maneuver" is losing effectiveness! For that, I am grateful.

    Let's stick to the point. Trump attempted to kill an FBI investigation. This was unethical no matter how else you slice it. Such behavior, if true (and I think it is true), was inappropriate if done out of ignorance, or possibly worse if done as an attempt to obstruct justice, or worst of all to initiate a cover-up by soliciting criminal behavior from Comey.

    I hope there are tapes, of everything! He said of tapes when asked--"I'll tell you more about that, maybe, later".

    How long till Sean Spicer quits? Sarah? Kelly? Jared? I think the last one (not related by blood) that will still be there when the dust settles, will be Steve Bannon. A nutcase he got from a recognized hate- group by way of a hate-filled fake news organization and propaganda machine.

    Sincerely,

    Joseph P. Whalen
  6. ImmigrationLawBlogs's Avatar
    The racial and religious attacks against non-European immigrants that have been typical of Donald Trump's immigration policies from the time that his campaign began with vicious hate rants against Mexican immigrants 2 years ago, followed by his call to bar all of the Muslims in the world (originally including Muslim American citizens) from entering the US, are still continuing today in the form of his mass deportation agenda, his Muslim ban executive order which is now before the Supreme Court, and, most recently, his assaults on H-1B and other high-skilled legal immigrants.

    See my June 11 ilw.com post on this issue.

    In many other countries, attacks such as these on unpopular racial and religious minorities have led to the overthrow of democracy and its replacement by one-man dictatorship.

    Could such a thing be happening now in the United States?

    In order to answer this question, we have to look at the autocratic power that Trump is now using to fire any official in his administration who dares to look into any aspect of real or alleged corruption or collusion with a hostile foreign power on the part of Trump or his close associates.

    One can quibble about whether Trump's firing of FBI director James Comey for investigating Trump's alleged ties with Russia amounts to full Obstruction of Justice, even though there is strong reason to believe that it does, since the statute involved defines obstruction as attempting to influence an investigation, not only actually trying to stop it.

    But what is incontrovertible is that in trying to pressure both Comey and now fired US Attorney Preet Bharara into dropping investigations into possible wrongdoing by Trump or his campaign or administration officials, Trump is behaving like the head of what the respected journalist Mehdi Hasan, who has written articles for the New York Times, the Washington Post, The Guardian and the Times of London in addition to Al Jazeera, accurately calls a "Tinpot Dictatorship".

    I urge everyone who cares about preserving America's democracy to read Hasan's full column at:

    https://theintercept.com/2017/05/10/...-dictatorship/

    Roger Algase
    Attorney at Law


    Updated 06-12-2017 at 11:15 AM by ImmigrationLawBlogs
  7. ImmigrationLawBlogs's Avatar
    Someone asked me recently if action by Saudi Arabia against Qatar, another Muslim country, did not amount to the same type of "discrimination against Muslims" that Donald Trump has been showing in his campaign statements and actions as president, including his entry ban executive orders.

    I am not an expert in Middle Eastern politics, and I have not been following the Saudi-Qatar dispute very closely. However, it appears to be based at least in part on the fact that Qatar has more than 20 per cent Shia population (according to Wikipedia) and Saudi Arabia, of course, is a bastion of Sunni Islam.

    Anyone with even a scintilla of knowledge of Islam knows that there is a Sunni-Shia rift that goes back many centuries, almost back to the founding of Islam, and which rivals the history of the Catholic=Protestant dispute in violence and antagonism.

    The Sunni-Shia violence continues in many parts of the world today. ISIS, for example, regards Shia Muslims as heretics and kills them on sight.

    One constantly sees media stories about mosque bombings by one or the other side against the other, and many analysts with much more knowledge than I have believe that the Sunni-Shia conflict led to prolonging the Iraq war.

    In Middle Eastern power politics, Saudi Arabia leads the Sunni side and Iran leads the Shia.

    There are also a host of other specifically Middle Eastern factors involved in this dispute, which pits Muslim against Muslim in ways too numerous for a non-Middle Eastern specialist such as myself to understand.

    It would be absurd to compare these seemingly endless Middle Eastern Muslim country religious and political disputes with Trump's US entry ban orders, which are motivated by hatred for all Muslims without distinction.

    It would not be unfair to ask if Trump even knows or understands that such a fundamental divide as the Sunni-Shia schism exists within the Muslim world.

    In this sense, Trump could accurately be called an equal opportunity Islamophobic bigot.

    Roger Algase



    Updated 06-06-2017 at 08:11 PM by ImmigrationLawBlogs
  8. ImmigrationLawBlogs's Avatar
    What is the significance of Trump's withdrawing America from the Paris Climate Accord?

    It shows that America's president hates not only Muslim, Latino and other non-white immigrants as shown by his six-country Muslim entry ban and mass deportation agenda; that he not only looks down on Asian immigrants as witnessed by his attack on the H-1B visa; that he not only despises African-Americans and less affluent Americans of every color and religion as witnessed by his unspeakably cruel budget proposals; but that in withdrawing from the Paris accord, he also hates the Planet Earth.

    Roger Algase
  9. ImmigrationLawBlogs's Avatar
    Quote Originally Posted by ImmigrationDaily
    Good afternoon,

    I am writing in regards the article to which I copied the link hereto, http://www.ilw.com/articles/2008,0902-cleveland.shtm

    This story is in regards to a Hondurian woman who was granted asylum. Our office is currently looking for the name of this case in order to cite to it for a current client we have that we are representing for asylum.

    Kindly advise if there is anyway we can get in contact with David Cleveland, as he may perhaps know the case name.

    Thank you for your help.

    Julissa R.
    David Cleveland, Senior Volunteer Attorney
    David Cleveland joined Catholic Charities in 1998 as a full-time volunteer and has since developed an expertise in asylum law. A graduate of the University of Rochester and Case Western Reserve University School of Law, David previously worked in private practice, as a university law professor in Indonesia, and as a trial attorney for the District of Columbia Corporation Counsel where he conducted more than 40 civil jury trials over the course of eight years. Over the last ten years, David has obtained asylum for individuals from many of world’s countries. His pro bono efforts have been recognized by many agencies, including Catholic Charities USA and the BIA Pro Bono Project. David is a longtime member of the American Immigration Lawyers Association and has served as the Chair of the National AILA Asylum Committee (2004-2005). In addition, David is a prolific writer and his articles on immigration law can be found in Bender’s Immigration Bulletin, AILA publications, Immigration Law Today, ILW.COM, among others. David regularly lectures on asylum law at D.C. Bar and other training sessions. David is a member of the bar of Washington, DC.

    Nolan Rappaport
  10. ImmigrationDaily's Avatar
    Good afternoon,

    I am writing in regards the article to which I copied the link hereto, http://www.ilw.com/articles/2008,0902-cleveland.shtm

    This story is in regards to a Hondurian woman who was granted asylum. Our office is currently looking for the name of this case in order to cite to it for a current client we have that we are representing for asylum.

    Kindly advise if there is anyway we can get in contact with David Cleveland, as he may perhaps know the case name.

    Thank you for your help.

    Julissa R.
  11. ImmigrationLawBlogs's Avatar
    As quoted in the article that Nolan cites, 4th Circuit Chief Judge Gregory's opinion states that Trump's order "drips with religious intolerance, animus and discrimination."

    Can anyone who has been following Trump's statements and actions relating to Muslims both in the very recent past (during the campaign) and after becoming president, when he appointed two notorious Muslim-haters, Bannon and Flynn as his top advisers and engaged in vicious personal attacks on judges who ruled against the first version of his order and accused anyone who disagreed with the order of wanting to let dangerous terrorists into the US, possibly dispute that Judge Gregory's statement was absolutely true?

    And this being true, how can the courts possibly remain blind to this reality if America is to remain a democracy?

    This, even more than the invidious and unconstitutional religious discrimination contained in the ban order itself, is what is really at stake in this lawsuit.

    The Supreme Court will now have to decide whether America will remain a constitutional democracy or a country governed by the untrammeled will of a strongman.

    I have also read the article that Nolan cites but failed to find the words "good faith" anywhere mentioned in the article, even though this was the central issue in the 4th Circuit case.

    Without even mentioning this critically important term (see Mandel, 1972), how can this article be of any value whatsoever?

    Hopefully, Nolan will pick a more relevant article to refer to next time.

    Roger Algase
    Attorney at Law



  12. ImmigrationLawBlogs's Avatar
    If you want to consider another perspective on Trump's travel ban, Andrew Arthur, someone I worked with when I was a Judiciary counsel, just wrote an article on it. In addition to being a Judiciary counsel, he worked for INS and has been an immigration judge.


    Missing the Point on the "Travel Ban"
    A concurrence explains the problems with the Fourth Circuit's analysis of Executive Order 13,780
    By Andrew Arthur, May 27, 2017

    http://cis.org/arthur/missing-point-travel-ban

    Nolan Rappaport
  13. ImmigrationLawBlogs's Avatar
    If you want to consider another perspective on Trump's travel ban, Andrew Arthur, someone I worked with when I was a Judiciary counsel, just wrote an article on it. In addition to being a Judiciary counsel, he worked for INS and has been an immigration judge.

    Missing the Point on the "Travel Ban"
    A concurrence explains the problems with the Fourth Circuit's analysis of Executive Order 13,780
    By Andrew Arthur, May 27, 2017

    http://cis.org/arthur/missing-point-...3eac7-44719189


    Nolan Rappaport
  14. ImmigrationDaily's Avatar
    I would like to know how coast for the Drog case from immigration law in USA now?

    S. K.
  15. ImmigrationLawBlogs's Avatar
    Donald Trump has, commendably, finally made a statement about the Portland attack in which two men were killed while trying to stop an evidently deranged man from yelling racial epithets at a young woman wearing a hijab.

    Trump's statement said that the victims stood up to "hate and intolerance".

    https://www.theguardian.com/us-news/...t-about-double

    Even though no one who has been reading my letters or comments in Immigration Daily will mistake me for a Trump supporter, the president's statement in support of these two courageous men who gave their lives fighting against religious bigotry is welcome and he should be congratulated for making it.

    At the same time, a little less hatred and intolerance in the Muslim ban executive order which Trump has been (so far unsuccessfully) defending in the federal circuit courts of appeal, would also be welcome and might help prevent future hate crimes against Muslims in the US.

    Roger Algase
    Attorney at Law
    Updated 05-30-2017 at 09:14 AM by ImmigrationLawBlogs
  16. ImmigrationLawBlogs's Avatar
    As former Secretary of Labor Robert Reich says in his May 23 Alternet article:

    Trump's Budget is Cruel and Deviant

    "He proposes to cut federal spending by more than $3.6 trillion over the next decade, much of it for programs that help the poor...in order to finance a huge military buildup and tax cuts for corporations and the rich.

    In fact, the biggest losers would be people who voted for Trump - whites in rural and poor areas of the country who depend on Medicaid, food stamps and Social Security disability."

    As I point out in more detail in my May 23 ilw.com blog post, some of the money diverted away from helping less well off Americans would also go to locking up more Latino and other non-white immigrants and to building Trump's favorite obsession, the Mexican Wall of Humiliation and Hate against immigrants of color.

    But Trump's proposed budget shows that it is not only immigrants who are the objects of Trump's hatred, anger and contempt - but also many millions of less well off Americans, including those whose votes gave him the electoral majority he needed to gain entry to the White House despite losing the popular vote to Hillary Clinton.

    Reich's latest Alternet comments can be found at:

    http://www.alternet.org/right-wing/r...el-and-deviant

    See also, Greg Sargent, Washington Post, May 24:

    The enormity of Trump's scam is coming into view

    Roger Algase
    Attorney at Law

    Updated 05-24-2017 at 12:29 PM by ImmigrationLawBlogs
  17. ImmigrationLawBlogs's Avatar
    May 17 update:

    The Department of Justice has appointed a special counsel to investigate alleged illegal connections between Trump and/or his campaign staff and Russia which may have influenced the outcome of the 2016 presidential election.

    Is this the beginning of the end for the Donald Trump administration? Could the same pattern of duplicity and lack of respect for the truth that Trump has been showing in his response to the Muslim ban litigation ,and on so many other both immigration and non-immigration issues now be about to bring down his entire presidency?

    Roger Algase
    Attorney at Law
  18. ImmigrationLawBlogs's Avatar
    The implications of Trump's allegedly sharing sensitive classified information about ISIS with the Russians are simply mind-boggling and have Republican leaders deeply disturbed as well as Trump's opponents.

    http://politico.com/story/2017/05/16...tuesday-238448

    Does the President of the United States care about America?

    Roger Algase
    Atrorney at Law
  19. ImmigrationLawBlogs's Avatar
    How will Donald Trump sooner or later in all likelihood be impeached? Let us count the ways:

    1) Firing FBI director James Comey in order, in the opinion of Harvard Law Professor Laurence Tribe, one of America's most respected legal scholars, to obstruct justice, a criminal offence. And Professor Tribe is not alone in this opinion. Other commentators are also joining in.

    1) Instructing or permitting Justice Department lawyers to misrepresent the purpose of Trump's Muslim ban order, which is very arguably, about religious discrimination rather than national security, before the 4th and 9th Circuit Courts. This conduct, also, arguably, borders on committing fraud upon the court.

    3) Leaking highly sensitive and secret intelligence information to the Russians in a White House meeting, as alleged in the latest news stories.

    To this i would add:

    4) Engaging in immigration policies, and, with his latest "voter fraud commission" headed by the infamous racist Kansas Secretary of State Kris Kobach, minority voter suppression, all aimed at taking America back to the days of white supremacy, in violation of our Constitution and everything that America stands for.

    What will be next?

    Roger Algase
    Attorney at Law
  20. ImmigrationLawBlogs's Avatar
    I would be the very last person to argue that illegal immigration is a good thing for America or something that should be encouraged. Ditto for crimes committed by immigrants.

    We also need to foster respect for the law in a nation that was built on the principle of the rule of law. That includes the president of the United States, who, in the opinion of some observers, including Harvard professor Lawrence Tribe, according to a story in the May 12 New York Times, may have committed the crime of obstruction of justice by firing the FBI director who was in the middle of a criminal investigation involving this same US president, Donald J. Trump, and or his top aides, for alleged possible illegal contacts with Russia that could allegedly have compromised our election system and our democracy.

    Worth thinking about as ICE continues to put detainers on DUI and disorderly conduct offenders, many of whom have not even been convicted.

    Roger Algase
    Attorney at Law
    Updated 05-12-2017 at 07:13 PM by ImmigrationLawBlogs
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