Major Disaster Vermont Severe Storms, Flooding, Landslides, and Mudslides Impacted Areas Frequently Asked Questions September 30, 2024 Major Disaster Hurricane Helene Impacted Areas Frequently Asked...
Meza Diaz v. Garland "Petitioner Briseyda Meza Diaz (“Meza Diaz”) and her minor daughter, Gabriela Segundo Meza (“GSM”), fled Mexico after suffering a home invasion by hooded...
Q & A and slides from Sept. 12, 2024 Stakeholder Engagement
Hamed Aleaziz, New York Times, Oct. 4, 2024 (gift link) "The Biden administration said Friday it would allow the temporary legal permission for migrants from Cuba, Venezuela, Haiti, and Nicaragua...
Singh v. Garland (2-1) "Jaswinder Singh, a citizen and native of India, appeals the Board of Immigration’s (“BIA”) decision affirming the Immigration Judge’s (“IJ”...
Freza v. Atty. Gen.
"We are hard pressed to find a more compelling set of facts constituting a violation of Freza’s due process and statutory right to counsel. After Freza diligently sought counsel while incarcerated, he was finally able to obtain counsel the day before his rescheduled merits hearing. However, when that counsel moved for a 30-day continuance so that she could prepare to adequately represent him, the IJ denied the motion, and the BIA affirmed, relying primarily on the fact that Freza’s initial hearing had taken place almost a year before. The IJ and BIA plainly ignored that the delay was due to circumstances completely outside Freza’s control. Indeed, this was Freza’s first request for a continuance of his merits hearing and there was no evidence to indicate that the request was a dilatory tactic by Freza or his counsel.27 In fact, it was reasonable that counsel would request such a continuance, as she had only met with Freza for the first time less than 24 hours before the merits hearing and she had not had time to review the record. Denying the continuance under these circumstances was clearly an abuse of discretion and a violation of Freza’s due process and statutory right to counsel. ... For these reasons, we will grant Freza’s petition for review, vacate the BIA’s decision, and remand to the BIA for further proceedings consistent with this opinion."
[Hats off to Rebecca Hufstader and Peter Crossley! NOTE: Freza's motion for stay of removal was denied, and I cannot find him in the ICE Detainee Locator.....]