🤯 GARLAND’S BIA & OIL SCREW UP 🔩 YET ANOTHER CIMT CASE, IN 3RD CIR! — Biden Administration’s Human Rights/Racial Justice Hypocrisy Continues To Take A Toll!

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

 

Dan Kowalski reports from LexisNexis Immigration community:

https://www2.ca3.uscourts.gov/opinarch/213100np.pdf

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/unpub-ca3-cimt-victory-king-v-atty-gen#

“King, a native and citizen of Jamaica, arrived in the United States in August 2016 pursuant to a visa, which later expired. He pleaded guilty in January 2020 to third-degree felony fleeing or eluding a police officer in violation of 75 Pa. Cons. Stat. § 3733(a). The Government initiated removal proceedings and charged King as removable for having overstayed his visa and for having been convicted of a crime involving moral turpitude (“CIMT”) within five years of entering the United States. See 8 U.S.C. §§ 1227(a)(1)(B), (a)(2)(A)(i). King later married a United States citizen and has applied to adjust to the status of lawful permanent resident. … The BIA … conclud[ed] that a Pennsylvania felony fleeing conviction is categorically a CIMT because it involves a culpable mental state of willfulness and applies to reprehensible conduct. … The plain language of the statute, coupled with the reasoning of Mahn and Ramirez-Contreras, persuades us that the Pennsylvania felony fleeing statute does not qualify as turpitudinous. While the failing to stop for a police officer while crossing a state line is conduct that may put another in danger, it does not necessarily do so. The agency therefore erred in its conclusion that King was convicted of a CIMT. For the foregoing reasons, we will grant the petition for review.”

[Hats off to William C. Menard!  And personally, I think this case should be published, because it highlights errors made by the IJ, the BIA and OIL.]

William C. Menard
William C. Menard, Esquire
Member
Norris McLaughlin
PHOTO: Firm

 

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

cell/text/Signal (512) 826-0323

@dkbib on Twitter

dan@cenizo.com

Free Daily Blog: www.bibdaily.com

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It’s always helpful to have superstars 🌟 like William C. Menard of Norris McLaughlin on the side of the NDPA. Too bad they and other top flight lawyers “out here” who know and understand the plight of migrants and its inextricable ties to racial justice in America aren’t “running the show” at the DOJ like they should be! The American legal system would function much better if due process and best practices for migrants were a part of it (that is, “institutionalized”), rather than something that has to be achieved case-by-case at a great cost in resources and inconsistent justice!

I concur with my friend Dan that this case should be published as yet another public reminder and “citable” permanent record of the seemingly unending stream of errors, misguided arguments, and “worst practices” streaming out of Garland’s dysfunctional EOIR and OIL!

A Dem Administration inexplicably continues to subject migrants and their representatives to “4th class justice” from Garland’s broken EOIR. Ironically, at the same time, the Administration is begging advocates and NGOs to “empty their pockets and pound the streets” in behalf of their candidates. Talk about “being taken for granted!”

Go figure!

🇺🇸 Due Process Forever!

PWS

10-18-22

 

Entertainment: Never Trust A Guy Who Can’t Take A Joke — Taking Their Cue From The President, The More Trump Lets Satire Rattle Him, The More SNL And Others In The World Of Comedy Are Going To Double Down On The Stuff That Gets To Him (The Only Way Out For The Prez — Get a Sense Of Humor — But, Sadly, That’s A Tall Order For a Guy Who Has Made His Life “All About Me”)!

http://www.huffingtonpost.com/entry/snl-women-trump-administration_us_5899c922e4b040613138f6f9

Maxwell Strachan writes in HuffPost:

“So, President Donald Trump is supposedly upset that a woman played his White House press secretary on “Saturday Night Live” last weekend.

Politico is reporting that seeing Sean Spicer depicted by a thunderous Melissa McCarthy bothered the president so much, particularly because he “doesn’t like his people to look weak.” Spicer himself said that he thought McCarthy “could dial back” the impression. The impression clearly bothered them both.
As a result, people have been excitedly starting to call for more women to play the men in Trump’s administration, hoping to further injure the president’s always sensitive ego, and maybe cause some behind-the-scenes drama.
Rosie O’Donnell, a longtime critic of the president, has already said she would be willing to play Trump adviser Steve Bannon if called upon by Lorne Michaels. To which we say: Why stop there? It’s time for “SNL” to throw the entire administration into a gigantic hissy fit by having women play them all.

To help out the people over at “SNL,” we decided to do a bit of the casting work for them, just so they can think about it. Look, “SNL” can do what it wants. But if what it wants is to create an existential crisis at the White House, it should do this.”

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Check out the full story (with pictures) at the link to see who Strachan would cast as whom. Talk about going viral on Sunday morning!

PWS

02/07/17