BIA SHOWS AGAIN HOW YOU DON’T HAVE TO BE CONVICTED TO BE “CONVICTED” UNDER THE INA: Matter of Mohamed, 27 I&N Dec. 92 (BIA 2017)

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BIA HEADNOTE:

“Entry into a pretrial intervention agreement under Texas law qualifies as a “conviction” for immigration purposes under section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (2012), where (1) a respondent admits sufficient facts to warrant a finding of guilt at the time of his entry into the agreement, and (2) a judge authorizes an agreement ordering the respondent to participate in a pretrial intervention program, under which he is required to complete community supervision and community service, pay fees and restitution, and comply with a no-contact order.”

PANEL: BIA APPELLATE IMMIGRATION JUDGES GRANT, PAULEY, MANN

OPINION BY: JUDGE GRANT

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Under the INA state criminal proceedings cannot be “relitigated” in U.S. Immigration Court. States go to great lengths to relieve certain first or minor offenders of the legal consequences of a conviction. But, at that point, the INA ditches out state determinations and imposes its own broad definition of “conviction.” Rule: Whatever is necessary to screw the migrant!

PWS

09-07-17

Still Not Sure We Need U.S. Immigration Court Reform? Read This Explosive New OIG Report — While “Rome Was Burning” In The Immigration Courts, EOIR Senior Exec Was Busy Fiddling Around Hiring Pals, Soliciting Sexual Favors, Taking Kickbacks On Contracts, Lying To Investigators, & Retaliating Against Honest Employees!

INVESTIGATIVE SUMMARY

Findings Concerning Improper Hiring Practices, Inappropriate Interactions with Subordinates and a Contractor, and False Statements by a Senior Executive with the
Executive Office for Immigration Review

The Department of Justice (DOJ) Office of the Inspector General (OIG) initiated an investigation of a senior executive with the Executive Office for Immigration Review (EOIR) based on information it received from DOJ that the official engaged in inappropriate hiring practices, used non‐public information to benefit friends, solicited and accepted gifts from subordinates, maintained inappropriate relationships with subordinates, and participated in an inappropriate quid pro quo scheme with a contract company.

The OIG found that the executive engaged in improper hiring practices when, on seven separate occasions, the executive disregarded merit system principles to hire close friends and associates as DOJ employees or DOJ contract personnel over applicants with superior qualifications for the positions. The OIG also found that the executive initiated and approved the promotion of a friend before the individual was eligible for promotion, nominated a friend for a monetary award without sufficient justification, and promoted a friend who lacked qualifications for the position. The OIG further found that the executive disclosed to friends and acquaintances non‐public information about job opportunities on a pending DOJ contract, and advocated for increasing contractor salaries in support of friends. The OIG found that this conduct violated federal statutes, federal regulations, and DOJ policy.

In addition, the OIG found that the executive maintained an inappropriate personal relationship with a subordinate, and solicited and accepted gifts and donations from subordinates, in violation of federal statutes and regulations, and DOJ policy. The OIG investigation further concluded that the executive engaged in an inappropriate scheme with a DOJ contractor in which the executive sought employment and training from the contractor for personal friends in exchange for the executive actively participating in the creation and awarding of a purchase agreement of substantial monetary value to the contractor, in violation of federal statutes and regulations.

Lastly, the OIG found that the executive lacked candor and provided false statements to the OIG in relation to the executive’s conduct in the above‐described matters, in violation of federal statute and regulation. Prosecution of the executive was declined.

The OIG has completed its investigation and provided this report to EOIR for appropriate action. The OIG also referred to the U.S. Office of Special Counsel its findings that the executive retaliated against employees who refused to hire the executive’s friends.

Posted to oig.justice.gov on June 6, 2017

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The “experiment” with trying to run a major court system as an agency of the USDOJ is over. It has failed! Is Jeff Sessions going to straighten this mess out? No way! In addition to being less than candid under oath during his Senate Confirmation hearing (or perjuring himself in the view of many), the Comey testimony certainly made it appear that Sessions either was under active investigation by Special Counsel Robert Mueller or soon would be under such investigation.

And, it’s by no means just Sessions. Every Attorney General since Janet Reno has contributed significantly to the downward spiral in the U.S. Immigration Courts (including the BIA). Former Attorney General Loretta Lynch, who helped push Immigration Court backlogs to incredible new heights with poor hiring practices and politically motivated enforcement priorities, also came out of the Comey hearing looking like someone who put political loyalty before integrity. For the record, she has denied Comey’s charges. But, then so have Trump & Sessions. Not very good company, I’m afraid. And, don’t forget that the whole mess with the announcement on the Hillary Clinton investigation started because Lynch had the incredibly poor judgement to meet with Bill Clinton during the heat of his wife’s Presidential campaign.

This OIG Report comes on the heels of a GAO Report that pointed out a number of chronic management problems in EOIR, including the ridiculous 2-year hiring cycle for U.S. Immigration Judges. The GAO also discussed options for restructuring the Immigration courts as an independent agency, although the report did not make a specific recommendation on that subject. Here’s a link to my blog on the GAO report: http://wp.me/p8eeJm-Uh

 

PWS

06-10-17