WHITAKER APPEARS POISED TO CARRY ON SESSIONS’S ATTACKS ON IMMIGRATION COURTS, DUE PROCESS, REFUGEES! — “Certifies” Two New Cases On One Day!

The Acting AG, in some twisted take on Ernie Banks (“Let’s play two!) just certified two cases to himself:

Matter of L-E-A-, in order to determine “Whether, and under what circumstances, an alien may establish persecution on account of membership in a “particular social group” under 8 U.S.C.

§ 1101(a)(42)(A) based on the alien’s membership in a family unit.” 

and

Matter of Castillo-Perez, to determine(1) In connection with an application for cancellation of removal under 8 U.S.C. § 1229b(b), what is the appropriate legal standard for determining when an individual lacks “good moral character” under 8 U.S.C. § 1101(f)?

(2) What impact should multiple convictions for driving while intoxicated or driving under the influence have in determining when an individual lacks “good moral character” under 8 U.S.C. § 1101(f)?

(3) What impact should multiple such convictions have in determining whether to grant discretionary relief under 8 U.S.C. § 1229b(b).

The Acting Attorney General ordered that the case be stayed during the pendency of his review.

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Go on over to the EOIR website for more information: https://www.justice.gov/eoir

The BIA is rapidly becoming irrelevant. But since the Acting Attorney General isn’t an expert in immigration laws, his decisions should get no deference from the real courts. And, then there is the question of whether he really is the Acting Attorney General . . . .