http://media.ca11.uscourts.gov/opinions/pub/files/201814788.pdf
AMEZCUA-PRECIADO v. U.S. ATTORNEY GENERAL, 11th Cir., 12-03-19, published (per curium)
PANEL: BRANCH, FAY and HULL, Circuit Judges.
Maria Amezcua-Preciado, a native and citizen of Mexico, along with her two minor children, petitions for review of the Board of Immigration Appeals’ (“BIA”) final order reversing the Immigration Judge’s (“IJ”) grant of her application for asylum and denying her withholding of removal. The BIA concluded, based on recent precedent from the Attorney General, Matter of A-B-, 27 I. & N. Dec. 316 (A.G. 2018), that Amezcua-Preciado’s proposed social group of “women in Mexico who are unable to leave their domestic relationships” was not a cognizable particular social group under the Immigration and Nationality Act (“INA”). After review, we agree with the BIA that Amezcua-Preciado failed to establish membership in a particular social group. We thus deny Amezcua- Preciado’s petition for review.
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Wow, what an amazingly gutless and disingenuous performance! Complicit Article III courts have become one of the Trump Regime’s key White Nationalist tools for “deconstructing” U.S. immigration, refugee, and asylum laws.
These aren’t legal disagreements; they are a derelictions of ethical and moral responsibilities. Matter of A-B- was a biased, legally incorrect, factually distorted, unethical attack on asylum law by a Sessions, who was not a “fair and impartial adjudicator.” It ignored a generation of well-developed jurisprudence, legal analysis, and overwhelming factual support for recognizing gender-based domestic violence as a basis for asylum.
Matter of A-R-C-G-, overruled by A-B-, represented a broad consensus within the legal community. Indeed, much of the impetus for that decision came from DHS itself, who had been successfully and efficiently applying its principles in Asylum Offices and in Immigration Courts long before A-R-C-G- actually became a precedent. Remarkably, no actual party requested Sessions’s intervention in A-B-; he rejected ICE’s request to vacate his interference and return the case to the BIA for adjudication under A-R-C-G- criteria. Obviously, the fix was on. But, that made no difference to Branch, Fay, and Hull in their disingenuous haste to “roll over” for the White Nationalist agenda.
I hope that when future historians eventually dissect the rancid racism, misogynism, and White Nationalism of the current regime they will fully expose jurists like Branch, Fay, & Hull who used their privileged positions to “go along to get along,” enabling and furthering the regime’s illegal and unethical “war on asylum seekers, migrants of color, and women.”
DUE PROCESS FOREVER; COMPLICIT COURTS NEVER!
PWS
12-03-18
Thank you, Paul W. Schmidt, for speaking out. The reorganized EOIR has politicized and left the BIA without any judicial independence. The sooner the Immigration Court and the BIA functions can be transferred to an independent Article 1 Immigration Court the better.
Always a pleasure, Bob! Thanks for your comments and all you have done for justice over the years!
This performance by the 11th Circuit is beyond disgraceful. Those who do have the privilege of life tenure are shirking their responsibility to put an end to the miscarriages of justice occurring every day in our unconstitutional Immigration Courts controlled by politicos with a White Nationalist agenda that ignores the law, best practices, Due Process, fundamental fairness, and the values upon which our country was founded (even if often imperfectly carried out). It doesn’t take much of a “judge” to see the glaring legal, constitutional, factual, and ethical problems that “scream out” from the Matter of A-B- travesty or what is really happening here with the “reincarnation of Jim Crow.” These three weren’t up to the task. That means that women who need and deserve protection under our laws will suffer and/or die because of their dereliction of judicial duty. Disgusting! You can’t tell me that any of these three judges would stand for this type of “justice” and “due process” being dished out to the most vulnerable in our Immigration Courts if it were applied instead to them, their friends, and their families. So, how is it “OK” for others? It isn’t!
Due Process Forever!
Complicit Courts Never!
Best, always,
Paul