Here’s Summary Judgment

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Private-Prison Phase-Out Will Not Apply To Immigration Jails

The much-heralded phase-out of privately run federal prisons had many wondering if that means changes in how immigrants are held by the Department of Justice. It will not, and the New Orleans website NOLA.com does a good job of breaking down the issue, which is partly because immigration jails are really “civil” vs. “criminal” charges.
 
NOLA backgrounds that “… the policy shift has no bearing on the private operation of immigrant detention facilities. As of December, 62 percent of the 34,000 beds for people detained by Immigration and Customs Enforcement are in privately-run facilities. They are under the authority of the Department of Homeland Security, not the Department of Justice. The vast majority of privately-run prisons in the U.S. are at the state level, and will be unaffected by the DOJ announcement. As of 2014 they housed 91,244 state prisoners, or 6.8 percent of the total state prison population, according to the Bureau of Justice Statistics.
 

Shifting Immigration Sands Catches NC Teen in Kafka-esque Purgatory

For one North Carolina teen, seeing his mom again meant a difficult, six-month journey through ICE, the courts and the ever shifting immigration waters. Having fled two powerful Honduran gangs – Mara Salvatrucha (MS-13) and the 18th Street Gang – seeking to add him to their ranks, Wildon Acosta became the face of the immigration crisis for the small Durham community who rallied to support his cause.

ABC News Reports (8/16/16): Masked members of the 18th Street gang give a press conference inside the San Pedro Sula prison in Honduras, May 28, 2013.

ABC News Reports (8/16/16): Masked members of the 18th Street gang give a press conference inside the San Pedro Sula prison in Honduras, May 28, 2013.

Part of the ongoing Border Kids crisis, Acosta feared the consequences of not joining one of the two gangs. ABC News recently reported, “Those two gangs are major contributors to the violence that has made Honduras the country with the highest homicide rate in the world according to the World Bank, forcing thousands to flee their homes. The government of Honduras, according to the United Nations’ refugee agency, estimates that 174,000 people were internally displaced within the country between 2004 and 2014 because of violence and insecurity.”

When federal agents arrested him on his way to school, the story continued, Acosta had gone from speaking only Spanish to earning a B average in English-only courses. He was even held a part-time job.

Acosta is hardly the only minor fleeing the violence, either, to build a new life here in the U.S. U.S. Customs and Border Protection reports that more than 63,000 unaccompanied minors were apprehended while attempting to cross the border between October 2013 and September 2014 as the gang violence was reaching a crescendo in Central America.

The issue of overhauling the immigration system has been on the front burner since George W. Bush was president. A former Governor of a border state, President Bush attempted to overhaul the system under his tenure, but was blocked by his own party. Subsequent attempts have come close, but real reform has failed each time.

In 2014, President Barack Obama announced he was using his executive order power to bring about sweeping immigration changes. During his tenure, he has stepped up deportations, putting Border Kids at the front of the line, while also attempting to protect so-called DREAMERs. His executive orders have been stayed by the courts as states challenged his authority to implement immigration changes by executive order.

This policy uncertainty has led to myriad stories of young people caught in a shifting web of changing rules, leading to a legal purgatory that Kafka would find surreal. Were it not for the community pressuring their local member of Congress to act on his behalf, Acosta would have been deported already. With $10,000 in bail money raised in two days, he is grateful to back in his community with his family, but his future remains uncertain as he works to file a petition for asylum. The support from his community undoubtedly means that he will have legal representation to aid him in making his case to become a legal, permanent resident of the U.S.

For minors and youth with legal representation, their chances of being granted asylum are significantly better. But, as we reported back in May, Sen. Patrick Leahy said, “In immigration court, in case after case, a trained federal prosecutor represents the interests of the government while too many children facing deportation are forced to proceed before a judge without a lawyer.”

For more on the Acosta case, be sure to check out the in-depth ABC News report. You can follow along with our two-year project tracking the Border Kids crisis here.

CA Court Interpreter Funding Boost Key to Access to Justice

In states like California where roughly 44 percent of residents speak a language other than English, court interpreters are a key component to reasonably equitable justice. Just last week, we noted the backlog of California immigration cases had trumped 500,000 making court interpreters a sought after commodity.

The LA Times Reports (8/9/16): Aldo Waykam, a Mayan language interpreter, meets recently with Vinicio Nicolas, 15, outside the federal immigration court in Anaheim before Vinicio's asylum hearing. Vinicio speaks Kanjobal, the language used in his village in the highlands of Guatemala. (Mark Boster / Los Angeles Times)

The LA Times Reports (8/9/16): Aldo Waykam, a Mayan language interpreter, meets recently with Vinicio Nicolas, 15, outside the federal immigration court in Anaheim before Vinicio’s asylum hearing. Vinicio speaks Kanjobal, the language used in his village in the highlands of Guatemala. (Mark Boster / Los Angeles Times)

Earlier this month, the LA Times reported extensively on the challenge of Border Kids whose native language is Mayan.  Many of these kids are coming in from countries such as Guatemala to escape gang violence epidemic with the drug cartels.

They report, “Spoken by almost 80,000 people in mostly rural municipalities in Huehuetenango, Guatemala, Kanjobal is common in places like Santa Eulalia… but rare everywhere else.”

As with other court funding issues; however, funding has been short. The shortages have real consequences, according to the Times Report, “The shortage of interpreters is leading to a host of issues. Often, judges delay immigration hearings until one is found. At times, asylum seekers are deported even if they have a strong case because a qualified interpreter cannot be found in time. And unlike in immigration court, interpreters aren’t provided for free during asylum hearings.”

Gov. Jerry Brown just signed into law the California budget which includes nearly a 10 percent increase in funds for court interpreters, Slator.com reports, bringing the total over $103 million. This is a major development considering the Justice Index placed California in 30th place out of 52 for language access in its 2016 report.

The money isn’t going into a vacuum either, it appears. The reporter notes, “The numbers are huge. A 2015 report by the Judicial Council of California showed that court interpreters in the state provided a total of 254,000 service days from 2012–13.”

As other states struggle with the Border Kids crisis, court interpreter funding will likely become an ever present issue demanding more attention.

In Wake of DNC, Publisher Recalls Another Leak

Sara Warner, Founding Publisher of the National Courts Monitor & California Courts Monitor

Sara Warner, Founding Publisher of the National Courts Monitor & California Courts Monitor

In a Huffington Post blog post, Courts Monitor Publisher Sara Warner recalls another leaked memo, well before email was to blame.

Rigged Memories? DNC Email Leak Recalls Asbestos-Victim Memo Scandal

BuzzFeed Notes Milestone In Immigration Court Backlog: 500,000

A man climbs over the international border into Nogales, Ariz., from Nogales, Mexico. Matt York / AP

A man climbs over the international border into Nogales, Ariz., from Nogales, Mexico. Matt York / AP

The BuzzFeed News is among those noting the milestone in Immigration Court backlog, reporting that “… the backlog of immigration court cases has ballooned to an all-time high of more than 500,000, a number fueled by unaccompanied minors and families from Central America, officials said Wednesday” and adding that “… the Executive Office for Immigration Review (EOIR) said there are 500,051 pending immigration cases in the U.S. system. To deal with the backlog, EOIR plans to boost the number of immigration judges from 277 to 399.”

Reporter Adolfo Flores backgrounds that “… the backlog has been fueled by a growing number of unaccompanied minors and families, mostly from Central America, who have been crossing the border in recent years. Many of them are fleeing violence back home and are seeking better economic prospects in the US.”

Read the story here:

US Immigration Court Backlog Exceeds 500,000 Cases For First Time

Chevron Wins Latest In Long-Running Civil Case

Gasoline pumps situated at a Chevron station in Milpitas, Calif., in February. A federal judge ruled that a record $9.5 billion environmental-damage award against Chevron was tainted. ASSOCIATED PRESS

Gasoline pumps situated at a Chevron station in Milpitas, Calif., in February. A federal judge ruled that a record $9.5 billion environmental-damage award against Chevron was tainted. ASSOCIATED PRESS

California-based Chevron has won the latest court decision in a case that the Wall Street Journal calls “… one the longest running in corporate history.” The WSJ backgrounds that “… Monday’s decision affirms a lower-court ruling by U.S. District Judge Lewis Kaplan, who found in 2014 that the $9.5 billion environmental-damage judgment won by New York lawyer Steven Donziger and his Ecuadorean plaintiffs against Chevron was obtained through fraud and corruption. Judge Kaplan ruled Mr. Donziger couldn’t enforce the judgment in the U.S. or profit from the award anywhere in the world.

One reason the case will continue: “The appeals judges wrote that although the $9.5 billion judgment can’t be enforced in the U.S., their ruling does not stop the plaintiffs from taking action to enforce the judgment elsewhere.”

Read about the latest chapter of the saga here:http://www.wsj.com/articles/chevron-wins-ruling-blocking-enforcement-of-9-5-billion-ecuador-judgment-1470686218