Dan Kowalski reports at LexisNexis Immigration Community (quoting Respondent’s attorney Humza Kuzma):
“We appealed to the BIA, stating that the IJ was ignoring the law of the case and his direct instructions from a higher court. As Hassan noted in his FB post, we included redacted cases from a FOIA request another attorney had conducted, showing the various instances in the past two years where the IJ had been remanded in asylum proceedings. Yesterday, we got the remand, which reconfirmed that the prior rulings in the case were vacated and relying upon them was in judicial error, and instructed the IJ to grant our client a completely new hearing with an open record, and issue a new decision.”
BIA PANEL: Appellate Immigration Judges Guendelsberger, Kendall Clark, Grant
OPINION BY: Judge Edward R. Grant
Read the full report and the BIA’s unpublished opinion at the link.
- Why wasn’t this decision published?
- Why wasn’t this Immigration Judge who is showing contempt for the BIA, precedent, asylum seekers, and Due Process named in the decision (a technique used by Article III Courts to deal with recalcitrant Judges)?
- Why wasn’t this case remanded to a different Immigration Judge?
- Why don’t we see more precedent decisions from appellate panels like this one which appears committed to a fair application of asylum law and reigning in rogue judges like this one?
- How would an unrepresented individual ever be able to vindicate his or her statutory and constitutional rights before a biased and abusive judge like this?
- What can be done to improve merit selection procedures for U.S. Immigration Judges so that individuals who are biased against migrants, unwilling comply with orders of higher tribunals, and uncommitted to Due Process will no longer be placed in judicial positions?