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Posts by Sam Nelson

In Spanish, the suffix "-ito" is an affectionate diminutive.
- "mi abuela" = "my grandma", "mi abuelita" = "my granny".
- "gato" = "cat", "gatito" = "kitty"

I was pleased to discover the word "diosito", an affectionate diminutive for God.

English doesn't have an equivalent. But it should.

4 days ago 0 0 0 0
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Administratively orphaned A family is railroaded by the IJ, the BIA, the Third Circuit, and their own lawyer

Here's a piece that looks at the counter-narrative: a strong and valid claim, an incompetent attorney, and a U.S. citizen child orphaned. Incompetent and fraudulent lawyers are a huge problem, but not for the reasons the BBC is talking about.

samsramblingss.substack.com/p/administra...

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Administratively orphaned A family is railroaded by the IJ, the BIA, the Third Circuit, and their own lawyer

At the risk of self-promotion, I'd like to propose this as "proper journalism" that exposes ... if not a crook, at least an incompetent working in immigration law. "Administratively orphaned".

samsramblingss.substack.com/p/administra...

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A bedlam of women Three-person panel has three opinions on nexus in gender-based asylum

On the subject of gender and immigration law, this post takes a look at a recent case: "The opinion sounds a family arguing about the #MeToo movement over Thanksgiving dinner."

samsramblingss.substack.com/p/a-bedlam-o...

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You can leave your hat on One statute, indivisible: Circuits split on whether NJ law can be split

More on crimmigration:

samsramblingss.substack.com/p/you-can-le...

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That darn Seattle traffic Ninth circuit debates "exceptional circumstances" for in absentia removal

On the subject of deadlines:

samsramblingss.substack.com/p/that-darn-...

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A judicial lynching Fifth circuit bends the law to deny asylum

Or see this one: "This one opinion contains so much judicial misconduct that it’s challenging to write about."

samsramblingss.substack.com/p/a-judicial...

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A judicial lynching Fifth circuit bends the law to deny asylum

It's an open secret that in immigration, your judge is more important than your claim -- better to have a weak claim and a sympathetic judge than an ironclad claim and an unsympathetic judge.

Here's a good example:
samsramblingss.substack.com/p/a-judicial...

4 days ago 0 0 0 0
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An incredible decision Poor fluency and an ignorant court combine in an adverse credibility finding

For example:

samsramblingss.substack.com/p/an-incredi...

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Administratively orphaned A family is railroaded by the IJ, the BIA, the Third Circuit, and their own lawyer

Fraudulent or incompetent immigration lawyers are huge problem. Here's an example: a family destroyed, a citizen orphaned because their lawyer screwed up:

samsramblingss.substack.com/p/administra...

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Administratively orphaned A family is railroaded by the IJ, the BIA, the Third Circuit, and their own lawyer

This case was also mangled by an "experienced" immigration attorney:

samsramblingss.substack.com/p/administra...

4 days ago 0 0 0 0

"Experienced" is a good start, but not enough. Speaking of which ... do you happen to know anything about attorney Michael Borja? I've been following Second Circuit immigration opinions, and he's been referred to the grievance panel 23 times (!!!) in the last 18 months. Something going on there.

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What's the magic word? "Prison mailbox rule" is enforced to the letter against a pro se petitioner

Wow ... forgot to mention an internship. I don't have a lot of hope for relief from the fifth circuit; see e.g.

samsramblingss.substack.com/p/whats-the-...

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Administratively orphaned A family is railroaded by the IJ, the BIA, the Third Circuit, and their own lawyer

Bad, fraudulent, or unethical lawyers are a huge problem in immigration law. Here's a good example:

samsramblingss.substack.com/p/administra...

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Administratively orphaned A family is railroaded by the IJ, the BIA, the Third Circuit, and their own lawyer

Here's a good example:

samsramblingss.substack.com/p/administra...

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Greater and lesser habits of a highly effective person Confidential informants aren't members of a socially distinct PSG

If I'm allowed to self-promote -- I write a weekly blog, "immigration law explained", a funny-but-serious, non-specialist exploration of how immigration law actually operates in practice.

A good place to start:

samsramblingss.substack.com/p/greater-an...

(Free, no subscription required)

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A barbarian will own these crops An insufficient response to the internal relocation bar

"Internal relocation" and the limits of asylum: Antonio’s relocation to the United States and his request to remain demonstrate that he is, in fact, willing and able to live away from his family’s land.

samsramblingss.substack.com/p/a-barbaria...

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I notice that the flag has the wrong number of stars...

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Administratively orphaned A family is railroaded by the IJ, the BIA, the Third Circuit, and their own lawyer

If she’d made up her mind in advance, it doesn’t matter if she subsequently went through the motions of holding a hearing. A hearing held after the decision isn’t due process, it’s a show trial.

samsramblingss.substack.com/p/administra...

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Who will believe thee, Isabel? Record compels a finding of state action even without reporting

A rare victory -- an all-women Circuit Panel understands why a victim of gender-based violence might not be able to call the police.

samsramblingss.substack.com/p/who-will-b...

2 weeks ago 0 0 0 0

Must-read opinion from a MA District Court.

“What? Can this be true? There’s some unwritten deal whereby 6,000 Cuban nationals have already been shipped to Mexico? Tthis is but a stark admission that there’s no process at all beyond ‘it is what we say it is'.”

www.universalhub.com/files/attach...

3 weeks ago 0 0 0 0

Thanks. And yes -- it's not really funny. Sometimes you gotta laugh so you don't cry.

3 weeks ago 1 0 0 0

Not sure how much of this is true, but at least some is wrong. It wasn't "just before they finished". In the image they haven't even stripped off the old asphalt yet. In the video, one of the workers says that they were just getting started on the project.

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A War Zone, Minus the War: One Year Into the Military Buildup of the U.S.-Mexico Border An investigation into how President Trump’s emergency declaration along the southern border expanded military power, blurred legal lines, and helped spread the use of military-grade technology.

Great piece from The Border Chronicle:

www.theborderchronicle.com/a-war-zone-m...

3 weeks ago 1 0 0 0
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Turns out that when every Somali case I have in court suddenly got expedited and reassigned to a new judge, it wasn't just me! The DOJ has officially denied that there is an expedited "Somali Docket," but now the public data refutes their denial. Here are the highlights: 🧵 bklg.org/blog/somali-...

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That darn Seattle traffic Ninth circuit debates "exceptional circumstances" for in absentia removal

The drive usually take a little over an hour. If she left the night before, AND hit really bad traffic, AND there was a terrorist attack, then that MIGHT be exceptional circumstances ...
... but probably not.
samsramblingss.substack.com/p/that-darn-...

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U.S. has a quarter fewer immigration judges than it did a year ago. Here's why The continued drain of personnel from the already strained immigration court system has contributed to depleted staff morale, mounting case backlogs — and floundering due process.

Immigration courts by the #’s:
- 25% less judges
- 400 less legal assistants + clerks
- 12 courts lost over half their judges, two have no full time IJs
- supervisors spread across several locations

We break down a clear picture of what is happening across the country:

www.npr.org/2026/02/23/g...

1 month ago 15 7 0 0
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One son died. A new son was born. Tenth circuit denies CAT protection for a man with disabilities

By the Court’s logic, it would seem that torture is not perpetrated in dingy basements by villains with backwards notions. Rather, only well-resourced, highly-educated, and caring individuals would appear capable of forming the specific intent to torture.

samsramblingss.substack.com/p/one-son-di...

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Economic and social class doesn't disappear when you cross a border, but it does change. A new special issue in the Journal of Ethnic and Migration Studies puts class back at the center of how we understand migration. Here's why that matters.

1 month ago 9 1 2 0

I'm always intrigued that in the U.S., wealth and poverty are treated as "mutable" for the purposes of PSG congizability. It shows a uniquely American (and perhaps out-of-date) presumption that social mobility is common and widely available.

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