First, two kritarchs in the EOIR, supposedly supervised by Attorney General Jefferson Beauregard Sessions III. These two kritarchs interfered with outstanding deportation orders for illegal aliens, one an illegal alien who ignored her first immigration hearing and was ordered deported and the other a Somali criminal alien whose case had gone through the hearing and appeals process and ordered deported.
Undocumented city woman Nelly Cumbicos was granted another stay on a deportation order that had been scheduled to take effect Wednesday, allowing her to remain in the country while she appeal the order.As is typical, Cumbicos' whole claim to relief is based on a lie that an unnamed immigration judge took at face value, which is deeply disturbing that a trained attorney could be so gullible, stupid, or deceitful.
Cumbicos’ deportation has been “deferred by a court pending a decision on a motion filed in her case,” ICE spokesman John Mohan said in a statement Thursday. He also said “continues to remain under an alternative-to-detention status (not in ICE custody) pending the outcome of that appeal.”
[Undocumented Meriden Woman Has Deportation Deferred, By Leigh Tauss, Record-Journal, March 1, 2018]
Cumbicos, 41, fled violence in Ecuador and illegally crossed the border into the United States in 2000. She was unaware a final order of removal had been issued against her until she attempted to apply for a Green Card in 2015.No one is unaware of an final order of removal. The only way to be unaware of an outstanding order of removal is if one failed to appear for their immigration hearing, which is what Cumbicos failed to do.
The usual claim is that they never received the notice of the time and date of the hearing in the mail. But one would then have to believe is that after being arrested on the border with Mexico, and given a Form I-862, Notice To Appear (NTA), upon her release by the Border Patrol, she never inquired afterwards about her hearing.
Then she acts surprised when she is arrested after applying for an immigration benefit. Did she think that the government was just going to ignore her previous arrest? It is true that many NTAs do not have a hearing date; many times those are scheduled later, then a new NTA sent to the alien. Even if this was lost in the mail, why didn't she inquire when she never received an updated NTA? Did she not contact a lawyer or go to the local immigration office to inquire?
Well, it appears that the only people stupid enough to believe that Cumbicos had no idea of what was going on and believed she could just continue with her life after being arrested as an illegal alien and notified that she had to go to immigration court are an immigration judge and a credulous reporter. Now stupidity and credulity explain much in this sad world, but this is a common enough lie by illegal aliens that it is unacceptable that someone with a law degree and years of experience in immigration hearings believed this. It’s more likely that this unnamed immigration judge was part of the resistance to President Trump and his immigration enforcement policy.
Similarly, another immigration kritarch acted to support a Somali criminal alien who was part of a recent deportation attempt that was cancelled after the plane he was on had to return to the United States. You correspondent wrote on this issue previously. [Affirmative Action Kritarchs Move Again To End Deportations Of Somalis And Indonesians, by Federale, VDare, February 5, 2018]
A number of major media outlets, including the New York Times, reported on the failed deportation flight; the news was later picked up by Somali media. The Somalis argued in the lawsuit that, if they were to be returned to Somalia, they would be “killed or harmed due to changed circumstances in Somalia created by the media coverage and notoriety of the aborted and abusive December 7 flight.” (A team of pro bono lawyers is helping the Somalis try to reopen their past immigration cases in pursuit of immigration relief. An immigration court has agreed to reopen at least one of their cases so far.)Ignore the #FakeNews that Hijabi Saleh presented in the piece; Deportation Officers don't pick up deportees and throw them on their heads. That is the epitome of Fake News. But the action by the immigration kritarch is part of a disturbing pattern where kritarchs ignore previous findings of immigration judges and the immigration appeals process, and the appeals to Federal courts, to reopen cases long decided, appealed, and finished with deportation orders. Not surprisingly, "it is not over until the alien wins" appears to be the battle cry of The Resistance in the immigration bureaucracy.
[Excessive Force, by Maryam Saleh, The Intercept, March 4, 2018]
The third example is a faceless bureaucrat in the ORR who appears to have a certain affection for MS-13 gangbangers. In Long Island, MS-13 is a deadly threat and the gang has been augmented by massive numbers of minors who flooded the border during the Obama Administration Administrative Amnesty surge of 2014 and afterwards. U.S. Immigration and Customs Enforcement (ICE) and the Department of Justice targeted these new gang members for arrest and deportation, but the Treason Bar and the ORR are having none of that.
An immigrant teen from Long Island, who is among the chief plaintiffs in a class-action lawsuit against the federal government and its contracted shelter, was released after more than seven months in custody, said the advocacy organization representing him. The 17-year-old boy, identified only as L.V.M. in court filings, is a Salvadoran who was living in Bellport until July, when agents for U.S. Immigration and Customs Enforcement placed him in detention, pending possible deportation.And sadly ICE added to the problem by not arresting the illegal alien mother who brought this gangbanger to the United States illegally, as most likely she paid for him to be smuggled and is likely illegal herself.
The class action suit, filed Feb. 16 by the New York Civil Liberties Union, seeks to end “the government’s prolonged detention of immigrant children across New York State” for minors who have been placed under heightened supervision. He was released Thursday after several news reports on the case.
“We’re thrilled to see L.V.M. reunited with his mom,” Paige Austin, staff attorney with the NYCLU, said in a statement. “Their family is so happy to be together again, after over half a year of waiting for a response to his mother’s request for his release.” The Office of Refugee Resettlement, responsible for the custody of immigrant minors, “had no reason to keep this child in its custody and separated from his family for months on end.”
The suit, Austin added, will go on “and we will continue to fight to ensure that other children caught up in the Trump deportation dragnet get the due process and the prompt reunification with family that they deserve.”
[U.S. Government Frees LI Immigrant Teen After 7 Months, By Víctor Manuel Ramos, Newsday, February 27, 2018]
L.V.M. was among several students at Bellport High School in the South Country school district who had been suspended over suspected gang involvement, but he denied the allegations. He told Newsday last summer he was falsely accused of throwing gang signs after making an obscene gesture at another student.Why this anonymous bureaucrat at ORR released this gangbanger without a court order can only be explained by sympathy for criminal aliens. He or she is part of The Resistance and should be treated such, dismissed for incompetence and insubordination.
His mother, Edith Esmeralda Mejia de Galindo, a plaintiff, said the family “is happy” to have him back.
“I pray to God,” Mejia de Galindo said in Spanish, “that we have a good outcome and that this case helps other children as it has helped mine.”
The saddest part though is that there are responsible officials in the Trump Administration that can stop this nonsense, as all these cases are the results of action by bureaucrats, not orders from Article III judges. Jeff Sessions supervises the EOIR and the ORR is supervised by Alex Azar, the Secretary of HHS. There is no blaming judges, all the blame rests with the Executive branch of government. Time for President Trump to start supervising his employees.