Matter of PANGAN-SIS, 27 I&N Dec. 130 (BIA 2017)
An alien seeking to qualify for the exception to inadmissibility in section 212(a)(6)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(A)(ii) (2012), must satisfy all three subclauses of that section, including the requirement that the alien be “a VAWA self-petitioner.”
PANEL: Appellate Immigration Judges Malphrus, Mullane & Creppy
OPINION BY: Judge Mullane
Let’s break this down into simple human terms. A Guatemalan woman suffered an extended period of domestic abuse in Guatemala at the hands of her husband. That caused her to flee to the United States and enter without inspection. The woman told the truth to authorities.
Rather than granting her temporary refuge, the U.S. Government sought to remove the woman. The woman was fortunate enough to get a good lawyer who made sophisticated arguments in favor of her remaining. She also was fortunate to have a U.S. Immigration Judge who listened to those arguments and granted her a humanitarian waiver. This waiver allowed her to remain in the United States, but did not give her any permanent status nor did it put her in line for a green card.
The Government (“DHS”) did not want the woman to remain, even in a more or less “limbo status.” So, they appealed to the BIA.
The BIA agreed with the woman that the waiver statute was ambiguious and therefore the Immigration Judge had plausibly interpreted it in her favor. But, the BIA found that a “better interpretation” would impose additional requirements that woman and those similarly situated could never meet. The BIA noted that Congress was only concerned about domestic violence in the United States that was being used as “leverage” against a foreign national by his or her US citizen or green card holding spouse.
Inferentially, the BIA found that Congress could not possibly have intended to help other victims of domestic violence that occurred outside the United States. That would potentially allow every abused spouse in the world to seek a discretionary waiver that would save them from abuse by granting them limited refuge in the United States.
The BIA sent the case back to the Immigration Judge so that the DHS can continue its efforts to remove her to Guatemala where she will be further abused by her Guatemalan spouse. Her lawyer can help her apply for asylum and withholding of removal based on a prior BIA decision Matter of A-R-C-G- that benefitted victims of domestic violence.
However the DHS is likely to oppose that relief. Otherwise, the DHS would have already offered to settle the case based on A-R-C-G-. That’s what used to happen routinely in my court in Arlington prior to the Trump Administration. The woman is credible and appears to fit squarely within A-R-C-G-.
But, if the Immigration Judge grants relief under A-R-C-G- or the Convention, Against Torture (“CAT”), the DHS probably will appeal again to the BIA. As part of the Administration’s enforcement program, the DHS wants the BIA to help them “send a message” that victims of domestic violence might as well continue to suffer abuse or preferably die (thus solving the problem from a U.S. Immigration Enforcement standpoint) at the hands of their abusers rather than seeking refuge in the United States. Bad things that happen to good people in other countries are just not our problem. America First!
The BIA Appellate Judges work for Jeff Sessions. They understand even better than Immigration Judges in the field that “not getting with the Administration’s Enforcement program” of sending consistently negative messages to asylum seekers could result in their being reassigned to other jobs by Jeff Sessions. Some of those jobs have no real duties (“Hallwalkers”).
Jeff Sessions hates all migrants and particularly Hispanic migrants fleeing from Central America. He hates them almost as much as he hates LGBTQ Americans.
Jeff tells everyone who will listen that all Hispanic migrants and most Hispanic citizens who live among them are criminals, drug dealers, and gang members. Even those who aren’t actually criminals are going to take great jobs that Americans would like to have such as picking lettuce, milking cows, shucking oysters, making beds, washing dishes, climbing up trees, cleaning bathrooms, sweeping floors, removing dangerous and moldy storm damage, taking off and putting on roofs in 120 degree heat, pounding drywall, taking care of other folks’ children, mowing laws, and changing adult diapers for senior cizens who can’t do it themselves.
While the United States might sometimes claim to be a bastion of freedom and humanitarian ideals, that is usually only when lecturing other countries on their failings or touting the superiority of our system over every other system in the world. Nobody should seriously expect the United States to act on those humanitarian ideals, particularly when it comes to helping women and children from the Northern Triangle of Central America.