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This sponsored column is by Law Office of James Montana PLLC. All questions about it should be directed to James Montana, Esq., Doran Shemin, Esq., and Laura Lorenzo, Esq., practicing attorneys at The Law Office of James Montana PLLC, an immigration-focused law firm located in Arlington, Virginia. The legal information given here is general in nature. If you want legal advice, contact us for an appointment.

The Biden administration has pledged to ‘shorten from years to months‘ the timeline for processing asylum claims.

As part of this big push, Customs and Border Protection is now placing asylum seekers directly in immigration court. There’s just one problem: CBP is forgetting to actually file the charging document, so, when the immigrant shows up to court, the Immigration Judge has no alternative but to dismiss the case.

You may recall that not long ago, the Supreme Court determined that for DHS to issue a statutorily-compliant immigration charging document, or NTA, which initiates deportation proceedings against a noncitizen, DHS must include the date and time of the hearing on the NTA itself. For years, DHS had only included that the hearing would occur on a “date and time to be set,” and let the immigration court schedule the eventual hearing. However, the Supreme Court said that DHS must actually schedule the hearing with the immigration court and include the hearing place, date and time for the NTA to be statutorily compliant.

Recently, DHS has been following this rule, particularly in cases involving noncitizens who enter through the U.S. southern land border. Great, right? Well, only partially.

The Transactional Records Access Clearinghouse (“TRAC”) at Syracuse University issued a report on July 29, 2022 that describes how DHS is actually timely-filing very few charging documents, which is resulting, and will result, in mass dismissals of cases against noncitizens.

Here’s what appears to be happening: noncitizens arriving at various ports of entry and through the land borders encounter DHS Customs and Border Protection (CBP). CBP decides that it would be appropriate to initiate deportation proceedings against the noncitizen. CBP then enters the immigration court scheduling system, and finds an open date and time for a hearing. CBP issues the NTA with that date and time, and then gives the NTA to the noncitizen. The noncitizen then leaves CBP custody, under the impression that he or she will have a hearing on the date and time listed on the NTA.

However, CBP is, frequently, not following through on filing the NTA with the appropriate immigration court, meaning the immigration court does not have the document that actually initiates the deportation proceedings against the noncitizen.

Thus, the noncitizen shows up to the court on the date and time in the NTA only to discover that the immigration court has no idea who she is. The court then “dismisses” the case because the case never actually existed within the court system.

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Whitlow’s on Wilson in 2020 (Staff Photo by Jay Westcott)

Beloved local watering hole Whitlow’s is making a comeback in the place it first opened: D.C.

The longtime Clarendon bar on Wilson Blvd closed last June after its lease expired. It has since been replaced by nightlife and music venue B Live, which opened in May.

Before its closure, Whitlow’s said in a social media post that it hoped to reopen elsewhere.

“We don’t necessarily see this as a goodbye, but more of a see you later,” the post read.

As it turns out, Whitlow’s is saying goodbye to Arlington and hello to the District. The bar recently changed its Instagram handle to @whitlowsdc and said this morning that it is hiring ahead of a planned opening.

“Back where it all began,” the post said. “Opening soon and now hiring full-time bartenders!”

An Instagram post by Whitlow’s on Wednesday (via @whitlowsdc/Instagram)

Whitlow’s opened in 1946 as a greasy spoon eatery and bar in D.C. before closing in 1989 and relocating to Clarendon six years later. Opening in 1995, it remained a neighborhood mainstay for just over two and a half decades.

So far, there’s no word as to where in D.C. Whitlow’s is opening. ARLnow has reached out for additional information and will update this article upon hearing back.

Hat tip to Alex K.

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If you want to be transported into the dystopian, violent world featured in Netflix’s “Squid Game,” head to Ballston starting next month.

The “immersive group gaming” experience Immersive Gamebox (formerly Electric Gamebox) at Ballston Quarter is set to debut its newest game on September 21 and it’s one based on Netflix’s popular streaming series.

“Groups of two to six players will navigate challenges inspired by the series including Red Light Green Light, Marbles, and the ‘Squid Game’ itself, among others,” reads a press release. “Players will use the company’s proprietary motion-sensing technology and touch screens surrounding the interactive digital smart rooms, or Gameboxes, where players must test their reflexes and skills to advance — all without the need for headsets.”

The full-scale game is only for players 16 years and older and will become part of Immersive Gamebox’s permanent collection, a company spokesperson told ARLnow.

Squid Game” is a fictional South Korean show about hundreds of vulnerable people manipulated into playing deadly children’s games to win cash. The series on Netflix premiered last year and is nominated for an Emmy.

“People are constantly seeking new and different ways to remain invested in their favorite content,” Immersive Gambox CEO Will Dean said in a press release. “To reimagine Netflix’s most popular show in an entirely new format offers customers more ways to stay connected to Squid Game.”

The London-based Immersive Gamebox opened its 2,217 square-foot space in Suite 2233 of Ballston Quarter (4238 Wilson Blvd) back in March. There are now 13 locations in both the U.K. and the United States, including the recently-opened one in New York City.

Dean told ARLnow earlier this year that the company chose Arlington as a spot of one of its locations because of “its reputation as a young, vibrant, family friendly community.”

Inside the facility, players will find a series of rooms that can host two to six players for games that last 30 minutes or an hour. Players don motion-tracking visors to play games projected onto the four walls of their “gamebox” room.

Besides Squid Game starting in September, players can also choose games involving aliens, a trip to Mars, and Angry Birds. Ticket prices range from $20 to $40, depending on age and game. The Ballston location is open until 9 p.m. every night.

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School Board member Reid Goldstein in 2017

The new chair of the Arlington School Board has nixed the public comment section of board meetings for the remainder of the summer.

The Sun Gazette reported this week that Reid Goldstein is doing away with public comment until September to speed up meetings.

“We are not taking public comment during the summer meetings,” Goldstein said, so the School Board could “focus on conducting the necessary business promptly.”

Public comment will return Sept. 8, said Goldstein, who rotated in for a one-year stint at chairman on July 1.

A number of people have contacted ARLnow about the report, apparently upset at Goldstein’s decision, though the move is temporary and those who wish to provide feedback to the School Board in the meantime can still do so via email and other means.

Both the Arlington County Board and the School Board provide a designated time for members of the public to opine on topics of their choosing. The process can sometimes take upwards of an hour depending on the number of speakers.

The County Board also made Sun Gazette headlines over the past couple of months, as chair Katie Cristol tried to enforce a longstanding rule against multiple speakers weighing in on the same topic, then relented.

After getting pilloried a month before for what critics called a heavy-handed approach to enforcing rules on public comment, County Board Chairman Katie Cristol on July 16 loosened her grip on the gavel just a bit.

Cristol acknowledged that she was being a little more loose in her interpretation of rules for the July board meeting than she had been in June, when she shut down comment on the government’s Missing Middle housing proposal after just two speakers at the public-comment period.

County Board rules for the public-comment period allow for only one speaker per topic on items not scheduled for public hearings (which have their own comment periods later in the meeting). Board members over time have allowed, on topics of controversy, for one speaker on each side of the issue.

Today we’re wondering what the general public thinks of public comments periods at School Board and County Board meetings.

Are you okay with restrictions like this or would you like a more open forum? Alternatively, would you advocate for nixing public comment altogether or moving it to its own dedicated meeting, when agenda items are not being voted on?

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Morning Notes

Mostly empty fields at Long Bridge Park during a heat advisory (staff photo by Jay Westcott)

Virtual Learning Program Audit — “An audit of Arlington Public Schools’ calamitous start to its virtual-learning program during the 2021-22 school year was about as damning as expected, with school-system leadership responding to it by accepting some blame but also suggesting they did the best they could under trying circumstances.” [Sun Gazette]

Road Rage Drink Toss — “Lorcom Lane and Langston Boulevard. At approximately 7:33 p.m. on August 2, police were dispatched to the report of an aggressive driver. The investigation determined the victim was driving in the area when the suspect vehicle pulled in front of her abruptly. The unknown male suspect then pulled next to the victim’s vehicle and allegedly threw a beverage at her vehicle before fleeing the scene.” [ACPD]

Hit-and-Run Fundraiser Update — The GoFundMe campaign for the family of a woman killed by a hit-and-run driver is now approaching $30,000 after exceeding its $25,000 goal in just over a day. [Twitter, Twitter]

APS HR Mystery — “Mike Krulfeld recently returned to his job as director of student activities at Yorktown High School, having been put on administrative leave in early June for reasons that were not made clear to the 24-year employee of Arlington Public Schools or the public that rallied to his cause… there was no further explanation given of what the school system had been investigating, according to sources.” [Sun Gazette]

I-395 Rush Hour Drama — From public safety watcher Dave Statter: “#caughtoncamera: Rush hour drama on I-395N when a car won’t stop for [Virginia State Police] & takes off. It hit another vehicle before coming to a stop on GW Parkway where arrests occurred.” [Twitter]

Boeing Comms Chief Based Here — “The Boeing Company today named Brian Besanceney as the company’s senior vice president and chief communications officer effective September 6… He will be based at the company’s global headquarters in Arlington, Va.” [PR Newswire]

Police Shooting in Seven Corners — “A Fairfax County detective shot a man last night (Tuesday) during what police say was a narcotics investigation in the Seven Corners area. The shooting occurred near the intersection of Arlington Blvd and Patrick Henry Drive, the Fairfax County Police Department tweeted at 11:27 p.m.” [FFXnow]

It’s Thursday — Humid throughout the day with storms and heavy rain possible later. A Heat Advisory goes into effect at 11 a.m. High of 95 and low of 76. Sunrise at 6:14 am and sunset at 8:18 pm. [Weather.gov]

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3206 N. George Mason Drive (via Google Maps)

There are homes you can actually afford, and then there are homes that are just fun to look at.

Our list of the most expensive recently-sold homes in Arlington, below, is definitely the latter for all but the most well heeled.

Looking back at the month of July, there were 237 sales and 186 new listings according to Homesnap. Last month, the median sales price was $725,000 with a median list price of $714,900

In the market? See properties that have been Just Listed and Just Reduced.

Image via Google Maps

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The outdoor temporary tents at SER in Ballston in 2021 (image via Google Maps)

Arlington is returning to the pre-pandemic process for restaurants to apply for outdoor tents, a move that has left at least a couple of local restaurants unhappy.

For the last two years, the county has made an effort to streamline the application process for outdoor tents as part of helping restaurants set up temporary outdoor seating areas, or TOSAs.

Back in December, however, the process for applying for outdoor tents was separated from the TOSA process, which was recently extended to February 2023. Arlington, meanwhile, is letting its Covid state of emergency expire on Aug. 15.

“The application process is returning to the pre-pandemic process that has always been in place. The process for tents was streamlined to help businesses during the pandemic,” County spokesperson Jessica Baxter tells ARLnow. “As they were before the pandemic, applications for tents must be submitted via the temporary structure/tent here. The guidelines for tents remain the same and have not changed.”

Those guidelines are enforced by the Arlington County Fire Department and fire marshall. Among the rules: a tent cannot be larger than 900 square feet and there needs to be a separate permit and inspections for gas heaters.

There is also a limitation on how long an outdoor temporary tent can be up: only six months (180 days) out of the year. What’s more, a business can’t apply for another permit to put up another tent until a six-month period has lapsed since the last tent was taken down.

These rules exist, said Baxter, because of the statewide fire code and there’s not much the county can do.

“The six-month temporary tent allowance is part of the Virginia Statewide Fire Code, which the County is required to follow. If an applicant wishes to make the tent more permanent, they can apply for a building permit and enter that process,” she wrote. “At this time, no tents should be up, with the exception of restaurants that received a building permit and single, pop-up tents smaller than 120 square feet.”

Of course, the fire code seems to be in conflict with the desire of many to dine outdoors, while being protected from the elements. With the state health department still reporting more than 100 Covid infections per day in Arlington, eating outside is widely viewed as a less risky alternative to indoor dining.

Baxter said the county is “actively working to create longer-term solutions that offer permanent outdoor dining options,” but temporary outdoor tents are not part of that effort because of the restrictions laid out in the fire code.

With most of the outdoor tents coming down in December, many businesses could have started reapplying for outdoor tents for the upcoming fall and winter season in June.

But reverting to a pre-pandemic process and guidelines has left a couple of restaurants that talked with ARLnow confused, frustrated, and at a loss on how to explain this to customers.

One is Medium Rare, the local steak restaurant with locations in Maryland, D.C., and one in Arlington’s Virginia Square neighborhood.

In the previous pandemic years, the restaurant did have an outdoor tent for diners, but Medium Rare had to take it down this past December, said owner Mark Bucher.

The outdoor temporary tents at Medium Rare in Virginia Square in 2021 (image via Google Maps)

He told ARLnow that compared to other local jurisdictions, Arlington’s TOSA process, as well as the one to apply for outdoor tents, is “complicated and cumbersome.”

Bucher also wondered what the logic was behind the directive that a restaurant a tent had to come down after six months.

“Arlington has always been so restaurant-friendly, so this goes against everything,” he said. “Why put up a tent, take it down, and pay to put it back up again?”

As the weather turns cooler again, and as Covid and other respiratory diseases ramp up, customers are going to want to sit outside in a heated tent, he said. But Bucher worries that a number of restaurants are not going to go through the process to get a temporary tent again, and diners are going to take their business to other nearby jurisdictions.

For his part, Bucher said Medium Rare in Virginia Square will not be reapplying to put up an outdoor tent.

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If you’re like most people, you’d rather not waste hours of time getting your car maintained or repaired. That’s why so many people are responding to CarCare To Go with reviews like the one below.

CarCare To Go delivers celebrity-level service with surprisingly competitive prices. They combine the quality and trust of a full-service shop with a uniquely transparent process, plus free valet pick-up and delivery from your home or work.

This is the second time I have used CarCare To Go, once for brake replacement and maintenance work, and just recently for interior detailing. I could not be more pleased with the quality of work and the service on both occasions. The pricing is transparent and very highly competitive. The car was picked up from my home and delivered back with no hassle. Everything was on time and with reminders and updates all along the way. I was able to go about my day working at home as normal without any disruption or inconvenience. Getting my car repaired, serviced and cleaned has never been easier. I highly recommend this group and plan to keep CarCare To Go as my “go to” auto service center… — Cynthia S.

CarCare To Go is offering first-time clients an oil change for just $20.22. No catch. Synthetic or blend for any make or model car. Just enter coupon code FIRST20 when you book. And the valet and a light hand clean are completely free.

Of course, CarCare To Go does much more than oil changes and new tires. They are a full-service shop that does everything from brake pad replacements to the most complicated engine replacements.

You’ll wonder why you ever took care of your car any other way.

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