🗽⚖️ PROVING OUR POINT, AGAIN: “Sir Jeffrey” & I Have Been Ripping The Garland BIA’s Contrived “Any Reason To Deny” Misinterpretations Of Nexus & PSG — 1st Cir. Is Latest To Agree With Us! — Espinoza-Ochoa v. Garland

Kangaroos
Turning this group loose on asylum seekers is an act of gross legal, judicial, and political malpractice by the Biden Administration and Merrick Garland!
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Dan Kowalski reports for LexisNexis Immigration Community: 

http://media.ca1.uscourts.gov/pdf.opinions/21-1431P-01A.pdf

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/big-psg-and-nexus-victory-at-ca1—espinoza-ochoa-v-garland

“Here, the IJ and BIA found, and the government does not dispute, that Espinoza-Ochoa credibly testified that he experienced harm and threats of harm in Guatemala that “constitute[d] persecution.” But the agency concluded that Espinoza-Ochoa was still ineligible for asylum for two reasons. First, it held that Espinoza-Ochoa had failed to identify a valid PSG because the social group he delineated, “land-owning farmer, who was persecuted for simply holding [the] position of farmer and owning a farm, by both the police and gangs in concert,” was impermissibly circular. Second, the IJ and BIA each held that, regardless of whether his asserted PSG was valid, the harm Espinoza-Ochoa experienced was “generalized criminal activity” and therefore was not on account of his social group. We conclude that the BIA committed legal error in both its PSG and nexus analyses. We first explain why Espinoza-Ochoa’s PSG was not circular and then evaluate whether his PSG was “at least one central reason” for the harm he suffered. Ultimately, we remand to the agency to reconsider both issues consistent with this opinion. … For all these reasons, we agree with Espinoza-Ochoa that legal error infected both the PSG and nexus analyses below. Accordingly, we GRANT the petition, VACATE the decision below, and REMAND for further proceedings consistent with this opinion.”

[Hats way off to Randy Olen!]

***********************

You’ve been reading about this damaging, deadly legal travesty going on during Garland’s watch:

🌲UNDER YOUR TREE:  A GIFT 🎁 FROM “SIR JEFFREY” CHASE OF THE ROUND TABLE 🛡️— “Asylum In The Time Of M-R-M-S-“ — “One reaction to this decision would have involved explaining that the Board’s illogical holding was reached not by error but by design, in furtherance of a restrictionist agenda; asking why the current administration hasn’t changed the makeup of a BIA specifically constructed to do exactly that . . . . But such talk would be of no practical help. What those representing asylum applicants and those in government deciding those claims need now is a path to negotiate this latest obstacle and still reach the correct result.”

🤯 MISFIRES: MORE MIXED MOTIVE MISTAKES BY BIA — “Expert” Tribunal Continues Underperforming In Life Or Death Asylum Cases! — Sebastian-Sebastian v. Garland (6th Cir.) — Biden Administration’s “Solution” To Systemic Undergranting Of Asylum & Resulting EOIR Backlogs: Throw Victims Of “Unduly Restrictive Adjudication” Under The Bus! 🚌🤮

How outrageous, illegal, and “anti-historical” are the Garland BIA’s antics? The classic example of Marxist-Leninist revolutionary persecutions involve targeting property owners, particularly landowners. Indeed, in an earlier time, the BIA acknowledged that “landowners” were a PSG. See, e.g., Matter of Acosta, 19 I&N Dec. 211 (BIA 1985).

But, now in intellectually dishonest decisions, the BIA pretzels itself, ignores precedent, and tortures history in scurrilous attempts to deny obvious protection. These bad decisions, anti-asylum bias, and deficient scholarship infect the entire system. 

It makes cases like this — which could  and should have easily been granted in a competent system shortly after the respondent’s arrival in 2016 — hang around for seven years, waste resources, and still be on the docket. 

This is a highly — perhaps intentionally — unrecognized reason why the U.S. asylum asylum system is failing today. It’s also a continuing indictment of the deficient performance of Merrick Garland as Attorney General. 

Obviously, these deadly, festering problems infecting the entire U.S. justice system are NOT going to be solved by taking more extreme enforcement actions against those whose quest for fair and correct asylum determinations are now being systematically stymied and mishandled by the incompetent actions of the USG, starting with the DOJ!

🇺🇸 Due Process Forever!

PWS

12-28-23

  

MARCH MADNESS: Heartbreak!! Gators’ Chiozza’s Buzzer Beating 3-Pointer Ends Badger Run 84-83 In OT!🏀😢

MADISON SQUARE GARDEN, NY. Just as the Badgers’ season was about to end, senior guard Zach Showalter (14 pts.) hit an impossible 3-point shot, releasing behind the arc as he flew over it to send the Sweet Sixteen game into an unlikely overtime.

In overtime, the Badgers, without senior Vito Brown (10 pts.) who had fouled out, with star senior guard Bronson Koenig (13 pts.) hobbled with a leg injury, and with Ethan Happ  (21 pts.) nursing four fouls, dominated.  Following two free throws by senior forward Nigel Hayes (22 pts.) with 4 seconds remaining, the Badgers held a 83-81 lead and appeared headed to the Elite Eight.

But, the Gators’ junior guard Chris Chiozza returned Showalter’s favor, and then some, by hitting the almost identical shot as the buzzer sounded.  This time, however, the three pointer ended the game and set off a jubilant celebration for the Gators, as they, not the Badgers, moved on to the Elite Eight.

The stunned Badgers could do nothing but watch in dismay and disbelief.  They had squandered their chances.

With under a minute to go in OT, junior Kahlil Iverson (3 pts.) had a chance at a breakaway slam dunk that in all likelihood would have sealed the game. But, somehow, he allowed himself to be “stuffed” by less athletic Gator Canyon Barry (son of NBA great rick Barry).

And, this time, the Badgers’s crummy free throw shooting (20-30, 67%) cost them the game. Two more free throws down the stretch would have put them in the Elite Eight. Wisconsin also turned the ball over 16 times and committed an amazing 26 fouls to help seal their own fate.

Sophomore KeVaughn Allen led the Gators with a career-high 35 points.  While Chiozza had only 8 points, he scored the final five to secure the victory for the Gators.  Florida (27-9) moves on to play the upstart South Carolina Gamecocks (25-10) in Sunday’s Elite Eight matchup, with a trip to the Final Four on the line.

Meanwhile, the Badgers close their 2016-17 campaign at 27-10. But, for seniors Hayes, Koenig, Brown , and Showalter, who had gone to the Final Four twice in their illustrious careers, there will be no tomorrow, at least at Wisconsin.

PWS

03/25/17

MARCH MADNESS: Badgers Haunted, Motivated By Memories Of Last-Minute Meltdown & Loss To Irish In Last Year’s Sweet 16 — Get My “Instant Pregame Mini-Analysis Here!”🏀😎

http://host.madison.com/wsj/sports/college/basketball/men/badgers-men-s-basketball-sweet-loss-to-notre-dame-a/article_b6812401-2cf9-54c3-857c-a546a9eb9b2e.html

Jim Polzin reports in the Madison Cap Times:

“The moment is fresh nearly 12 months later, partly because the pain still lingers for the members of the University of Wisconsin men’s basketball team.

But even if there were a way for the Badgers to wipe the memory of a 61-56 loss to Notre Dame to end the 2015-16 season from their brains, it wouldn’t matter because their coach keeps bringing it up.

“It should stay in their minds since we mention it about every week,” Greg Gard said. “We referred to Notre Dame more than any past opponent, I think, since I’ve been here in terms of how it ended.”

It didn’t end pretty for UW, which self-destructed in the final minute against the Fighting Irish and watched its season come to an abrupt end in the Sweet 16.

The Badgers (27-9) have arrived at the same step on the NCAA tournament ladder a year later. They’ll face Florida (26-8) on Friday night in an East region semifinal at Madison Square Garden in New York.”

**********************************

Schmidt’s Instant Pregame Mini-Analysis

In an earlier post, http://wp.me/p8eeJm-tJ I highlighted the factors that could allow Wisconsin to go all the way to the Final Four:  experience, inside play, and Bronson Koenig. All three of those strengths were on abundant display in the first two games as the Badgers downed #9 Virginia Tech and then upset #1 Villanova.

The Badgers also minimized two of the three weaknesses that I thought could make them an “early out:” offensive inconsistency and turnovers.

The other factor was horrible free throw shooting. While the Badgers did have horrible free throw shooting (43%) against Villanova, fortunately it didn’t cost them the game.  Ironically, Villanova, a much better free throw shooting team (71%) missed a key charity toss down the stretch which would have given them a one point lead and might have changed Wisconsin’s strategy last minute strategy of having Nigel Hayes drive for a two-pointer.

Florida plays tough defense.  So, in addition to maintaining offensive consistency and getting continued outstanding play from Koenig, Hayes, Ethan Happ, and Vito Brown, the Badgers will have to hold down the turnovers and sink their free throws to escape the Gators.

Tune in on Friday night @ 10:00 PM on TBS to see what happens, live from Madison Square Garden in NY!

GO BUCKY!

PWS

03/21/17

 

MARCH MADNESS: Badgers Head to Fourth Consecutive “Sweet 16” After Taking Out Top Seeded Defending Champ Villanova In 65-62 Thriller — Seniors N. Hayes, B. Koenig, & V. Brown Come Up Huge In Clutch As UW Overcomes Late 7 Point Deficit to Win!

BUFFALO, NY — A few weeks ago, some disgruntled Wisconsin fans actually were calling for second-year coach Greg Gard’s head after the Badgers turned in lackluster losing performances against the likes of Ohio State and Iowa. Their once-promising season seemed on the brink of total collapse down the stretch of the Big 10 regular season.

This afternoon, with 5:07 remaining in a “Round of 32” game, and the Badgers trailing by 7 points, it looked like their season was over notwithstanding a valiant effort against the defending NCAA Champs. After all, stars Bronson Koenig and Ethan Happ were both saddled with foul trouble, and Villanova, led by superstar senior guard Josh Hart (19 pts) and freshman sensation guard Donte DiVincenzo (15 pts), was pulling away for the kill.

But, the battle-tested Badgers weren’t yet ready to depart the dance. They rallied behind their senior leaders.

With ice water in his veins, Koenig (17 pts, 2-6 3-pt) drilled a 3-pointer to put the Badgers up 62-59 late. However, a bad exchange between Koenig and senior forward Nigel Hayes resulted in a turnover allowing the Wildcats to pull even at 62.

Then, the “play of the game!” Coming out of a time-out, Hayes (19 pts, 8 rebounds) drove the baseline and made a spectacular “Michael Jordan type” reverse layup to put the Badgers up 64-62 with 11.4 seconds to go.  But, the champs were’t ready to go down.  11.4 seconds is an eternity in March Madness.

Villanova got the ball to Hart who, with Koenig and Happ having to play off with four fouls apiece, drove for a sure-fire tying layup. But, he didn’t count on Badger senior forward Vito Brown, who had broken out of a severe shooting slump by draining 3 of 6 three pointers. Brown stripped Hart, and then was fouled on the play with 3.4 seconds remaining.

Brown hit the first free throw (insuring the Badgers at least a tie). After missing the second, he hustled down to the baseline to help Hayes bottle up Villanova and prevent any chance of a last second shot as time ran out.  Brown, a talented singer, also performed (pre-recorded) during the NCAA/CBS TV “lead in” to today’s game!

The #8 seed Badgers had triumphed! Amid the heroics of Hayes, Koenig, and Brown, the great effort by Happ, who added a huge 12 points and 8 rebounds despite playing most of the game in foul trouble and senior Zach Showalter who had several key defensive plays should not be forgotten.

The classy Wildcats and their even classier coach Jay Wright finish the season at 32-4. And, at least for the next week so, the voices in Madison calling for Greg Gard’s ouster have been silenced.

The Badgers thus head for their fourth consecutive “Sweet 16,” their sixth in seven seasons. The Badgers (27-9) will take on the #4 Florida Gators (26-8) from the SEC in Madison Square Garden, NY.  “Badgers v. Gators” —  a match of two of the most dangerous and ferocious animals known to man (forget that “smiling Teddy-bear version” of Bucky that I post below.  That’s just to throw Bucky’s opponents off.) Game time is 10:00 PM Friday on TBS, with a trip to the “Elite Eight” at stake. Don’t miss it!

GO BUCKY!

PWS

03/18/17