⚖️ HON. “SIR JEFFREY” CHASE MINES GOLDEN NUGGETS FROM SLURRY OF DENIAL! — VARELA-CHAVARRIA v. GARLAND — 1st Cir.

Panning for Gold
Hon. “Sir Jeffrey” Chase does the hard, dirty work of sifting through the legal muck for golden nuggets of hope and enlightenment!
“The First Pan”
By by W. Sihmedtgen.
Public Realm

“Sir Jeffrey” writes:

In spite of the petition being denied, there is useful language on what constitutes persecution for a child, and in fn 6 on an IJ’s obligation to assist in delineating a PSG, whether or not the applicant is pro se.

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

Read the full decision here:

http://media.ca1.uscourts.gov/pdf.opinions/22-1780P-01A.pdf

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Even when the final result passes Circuit review, the BIA’s too often sloppy “any reason to deny” approach should be of grave concern to all who advocate for due process and fundamental fairness for asylum seekers.

🇺🇸 Due Process Forever!

PWS

11-17-23

🛡⚔️ROUND TABLE AMICUS BRIEF CITED, QUOTED IN RECENT COURTHOUSE NEWS ARTICLE ABOUT 4TH CIRCUIT ORAL ARGUMENT ON PROCEDURAL PROTECTIONS FOR UNREPRESENTED ASYLUM APPLICANTS!

Knightess
Knightess of the Round Table
Brad Kutner
Brad Kutner
Courthouse News Richmond Reporter
Photo Source: MuckRack

https://www.courthousenews.com/panel-grapples-with-role-of-judges-in-pro-se-asylum-cases/?amp=1

Brad Kutner reports for Courthouse News:

. . . .

Manning argues immigration judges must ask questions to develop the record for pro se applicants like Arevalo-Quintero about their PSG affiliations. She isn’t alone in her push for a different standard for pro se immigrants applying for asylum.

In an amicus brief, a group of retired immigration judges and former members of the Board of Immigration Appeals point to a Fifth Circuit opinion that says immigration judges have a duty to “seek clarification” and “ensure that the [PSG] being analyzed is included in his or her decision.”

Immigration judges “must remain neutral, but that does not mean that they are passive bystanders during immigration court hearings,” the brief states. “The regulations require IJs, for example, to explain the factual allegations and charges in ‘non-technical’ language.”

. . . .

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Read Brad’s full article at the link.

Many thanks to my  “eagle eyed” friend Deb Sanders for sending this my way.

The Round Table 🛡⚔️ continues to play a positive role. Compare that with the unfailingly negative role of the current “EOIR Clown Show.”🤡🤮

In what hopefully will be a much better world after January 20, 2021, the Round Table could work with a “new EOIR,” led and staffed by real judges from the NDPA, on the practical legal and administrative reforms necessary for EOIR to become a “model court,” using  teamwork and best practices to guarantee fairness and due process for all. That’s actually what the “EOIR vision” was prior to the advent of the Bush II Administration in 2001.  

That noble vision could still become a reality, but only if the Biden-Harris Administration evicts the “EOIR Clown Show” 🤡and replaces it with competent experts from the NDPA committed to due process for all. ⚖️🧑🏽‍⚖️🇺🇸🗽

Due Process Forever!

PWS

12-11-20

 

ABA JOURNAL: “Dickie The P” Reportedly Quit 7th Over Rift With Colleagues About Treatment Of Pro Se Litigants — Perhaps He Should Check Out In Person How Sessions’s DOJ & Captive Immigration Courts Intentionally Abuse & Deny Due Process To Unrepresented Migrants!

http://www.abajournal.com/news/article/why_did_posner_retire_he_cites_difficulty_with_his_colleagues_on_one_issue/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

Debra Cassens Weiss reports:

“Judge Richard Posner had intended to stay on the federal appellate bench until he reached 80, an age he believed to be the upper limit for federal judges.

But on Friday, at the age of 78, he abruptly announced his retirement from the Chicago-based 7th U.S. Circuit Court of Appeals, effective the next day. The reason is due to “difficulty” with his colleagues over the court’s treatment of people who represent themselves, he told the Chicago Daily Law Bulletin in an email.

“I was not getting along with the other judges because I was (and am) very concerned about how the court treats pro se litigants, who I believe deserve a better shake,” Posner said. The issue will be addressed in an upcoming book that will explain his views and those of his colleagues “in considerable detail,” Posner said.

Posner said he did not time his retirement to allow President Donald Trump to appoint his replacement. “I don’t think it’s proper for judges or justices to make their decision to retire depend on whom they think the president will appoint as replacements,” he told the Law Bulletin. With Posner’s retirement, the 7th Circuit has four vacancies.

Posner was appointed by President Ronald Reagan in 1981, and was widely considered a conservative. He has since written more than 3,300 judicial opinions, and not all please conservatives, according to the Law Bulletin. On the one hand, he struck down the Illinois ban on carrying weapons in public, called for fewer restrictions on domestic surveillance, and limited class certification in class-action lawsuits. But he has also written opinions favoring abortion rights and same-sex marriage.

In a 2012 interview with National Public Radio, Posner said he has become less conservative “since the Republican Party started becoming goofy.” But he won’t remain above the fray in politics.

He told the Law Bulletin that his retirement will allow him to assist his cat, Pixie, in a run for president in 2020. Above the Law had endorsed Pixie last year, but Posner was unable to participate in the campaign.”

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Perhaps “Dickie The P” can take some time away from Pixie to visit the kangaroo courts that DOJ has established in prisons intentionally located in out of the way places where traumatized individuals seeking refuge from life-threatening conditions are held in substandard conditions and forced to represent themselves in “death penalty cases” involving some off the most complex and (intentionally) obtuse concepts in modern American law.

Love him or loathe him (or both), Posner is a prolific writer and thinker whose views can’t be ignored or swept under the table. What’s happening in the U.S. Immigration Courts under Sessions is a national disgrace. A high profile legal commentator like Posner, who frankly doesn’t care whom he pisses off, could shed some light on the travesty now passing for due process in the Immigration Courts and how too many of his former Article III colleagues have turned their backs on their constitutional duties rather than taking a strong legal stand against intentional abuse of the most vulnerable  by our legal system. A voice like Posner’s advocating for an Article I Court would be heard!

PWS

09-08-15