⚖️☠️ BLOWING THE BASICS! — IJ Misapplies “Under Color Of Law Doctrine” In CAT Case; BIA Affirms; 10th Circuit Reverses, Blowing Away Garland DOJ’s BS “No Jurisdiction” Argument In The Process — “[The IJ’s] interpretation defies logic and the law.” — We Deserve Much Better From Dem AG!

Laura Lunn, Esquire
Laura Lunn, Esquire
Director of Advocacy & Litigation
Rocky Mountain Immigrant Advocacy Network (“RMIAN”)
PHOTO: RMIAN

Colorado AILA reports:

From: ColoradoAILA@groups.io <ColoradoAILA@groups.io> on behalf of Aaron Hall via groups.io <aaron=immigrationissues.com@groups.io>
Sent: Tuesday, August 1, 2023 2:29 PM
To: ColoradoAILA@groups.io <ColoradoAILA@groups.io>
Subject: [ColoradoAILA] Arostegui-Maldonado v. Garland

A HUGE congratulations to RMIAN and Laura Lunn on today’s 10th Circuit win in Arostegui-Maldonado v. Garland. I was lucky enough to be in the court at oral argument to watch Laura expertly navigate tough questions from a difficult panel and today the published decision came out holding (1) that the PFR filed within 30 days of the BIA order affirming the IJ denial of relief in withholding-only proceedings is timely filed and (2) that the IJ and BIA “defied logic and law” in misapplying the under-color-of-law element of the CAT claim, requiring remand.

Incredible work to Laura and all others involved!

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Aaron C. Hall

Senior Partner

Pronouns: he/him/his

12203 East Second Avenue

Aurora, CO 80011

Direct: 303.962.6630

www.immigrationissues.com

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Folks, the IJ’s “reasoning to denial” in this case was beyond totally absurd! It’s an example of the type of judicial misconduct and incompetence that still flourishes in parts of Garland’s “any reason to deny” dysfunctional EOIR!

Russian Roulette
AG Merrick Garland thinks it’s fine to play “roulette” with human lives in his arbitrary, capricious, and dysfunctional EOIR. Those trying to help his victims obtain justice disagree! Is this REALLY the way things ran when Garland was on the D.C. Circuit? If not, why is it “good enough for Immigration Court?”
IMAGE: tvtropes

After more than two years of the Biden Administration under Garland, we still have not seen the type of systemic, merit-based “house cleaning” of biased and incompetent judges and the replacement of deadwood (and worse) at the totally unjust and dysfunctional EOIR that could and should have been a “day one priority” for Garland’s DOJ.

There is simply no excuse for this type of disingenuous, life-threatening performance by both EOIR and OIL under Garland’s deficient leadership! There are literally thousands of qualified experts out here who could have done a better job than the IJ and the BIA in this case!

It’s Garland’s job to get better judges on the EOIR bench — judges who will be fair, impartial, due-process focused, and experts in all facets of immigration and human rights laws! His failure to do his job is undermining our justice system and endangering human lives! How is this “OK?”

In the “real world,” folks who “can’t do their jobs” find themselves “out of a job!” Why is Garland’s DOJ an “exception,” with lives and the future of American justice on the line? Isn’t it past time to “just say no” to continuing to treat the ongoing national disgrace at EOIR as “just an afterthought” in the elitist, disconnected world of Garland’s DOJ, where the human lives being destroyed by DOJ’s failures are treated as “somebody else’s problem?”

🇺🇸 Due Process Forever!

PWS

08-03-23

 

 

 

BHUTANESE REFUGEES REJUVENATING AKRON, OHIO — Refugees Are People, Adjusting To A New Life, And Making America A Better Country — “We understand that it’s not just the right thing to do as human beings,” she said, “but it has amazing social and economic consequences.” — AMERICA NEEDS MORE REFUGEES, LESS TRUMP, LESS SESSIONS, LESS MILLER, LESS BANNON, LESS “AYATOLLAH ROY!”

http://www.huffingtonpost.com/entry/akron-ohio-bhutanese-refugees_us_59ca88cfe4b0cdc773353640

M.L. Schultze reports for HuffPost:

Thanks “AKRON, Ohio ― Akron owes its only population growth since the turn of the century to a kingdom on the other side of the Earth. As many as 5,000 Nepalis, who held onto their culture during centuries in Bhutan and decades in refugee camps in Nepal, have made their way here during the last decade.

They went to work in the Gojo plant, enrolled their kids in public schools and learned how to navigate roads, snow and U.S. society. But real success in resettling refugees “means moving people from surviving to thriving,” says Eileen Wilson, who runs refugee outreach for a Cleveland agency called Building Hope in the City.

 

MADDIE MCGARVEY FOR HUFFPOST
Family Groceries in Akron, Ohio.
Thriving means different things to different people. In Akron, it’s come to mean a dozen Nepalese shops and restaurants in what were once abandoned storefronts on North Hill. It means neighborhoods where long-slumping home sales are recovering. It means a cricket pitch in the park, a Nepalese bed-and-breakfast, and the migration of refugees from Houston, Atlanta, Chicago and New York ― the kinds of places Akron is used to losing people to.

It also means that a once alarmingly high suicide rate among refugees has dwindled.

Akron has declared itself a “Welcoming Community,” and Deputy Mayor Annie McFadden says the city and its newest residents are establishing a synergy.

Listen to America, a HuffPost Road Trip
HuffPost is hitting the road this fall to interview people about their hopes, dreams, fears ― and what it means to be American today.
Thirty-nine-year-old Amber Subba has lived the Akron migration story from the beginning. On his Facebook page, he introduces himself as Bhutanese-Nepali-American.

Subba and his family came to Akron in 2008. They’d spent more than 17 years in a refugee camp in Nepal. They’d been forced there when he was 11 by the Bhutanese government’s campaign for a national identity ― one that had no room for people of Nepalese descent who held onto their language and culture.

As refugee camps go, Subba says, the seven clustered in southwest Nepal weren’t bad: Refugees organized systems of commerce, education and self-governance. But more than 100,000 people were also living with annual monsoons and periodic fires, little privacy and constant uncertainty, including how much longer Nepal would let them stay.

In late 2006, President George W. Bush surprised the refugee resettlement world by announcing the U.S. would accept up to 60,000 Bhutanese refugees. Most of America barely noticed, but local, federally chartered agencies like the International Institute of Akron started to make plans.

Subba acknowledges his adopted city wasn’t exactly prepared.

Jobs were scarce. Language was the great isolator. The laws and customs were unknown.

Practically “nobody had a car,” Subba said. “Nobody had driver’s licenses and we didn’t have proper training about how to use the bus. And we didn’t know about snow and things like that.”

Still, he said, “we survived.”

In fact, Subba did quite a bit more than survive. He rose from interpreter to case manager at the institute, became a U.S. citizen and was president of the Bhutanese Community Association of Akron. He composes folk music ― love songs played on streaming radio and easily recognized in the world of the Nepalese diaspora.

His was the first marriage outside the tight circle of Akron’s Bhutanese community. His wife, Tiffany Ann Stacy, enjoys their definition of family that extends well beyond their two children.

As with most families in their culture, Subba’s parents live with them. “It’s really nice, because my kids don’t go to day care,” she said. “They spend the day in the garden digging in the dirt, growing vegetables and learning two languages.”

“The best thing is I’m never lonely,” she joked. “The worst thing is, I’m never alone.”

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Read the rest of the story at the link.

Compare the human decency and humanity described in this article with the selfishness, grotesque cowardice, prejudice, and indecency of the Trump Administration. Refugees make us better; Trump makes us worse!

PWS

10-02-17