EOIR WRONG AGAIN: BIA’s Attempt To Limit Its Own Jurisdiction To Grant Waivers Thwarted By 4th Cir.  — Jiminez-Rodriguez v. Garland

 

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca4-on-waivers-jimenez-rodriguez-v-garland#

Dan Kowalski reports for LexisNexis Immigration Community:

CA4 on Waivers: Jimenez-Rodriguez v. Garland

Jimenez-Rodriguez v. Garland

“Reading the broad language of §§ 1003.10(b) and 1240.1(a)(1)(iv), we conclude that these regulations give the IJ the Attorney General’s discretionary authority to grant a § 1182(d)(3)(A)(ii) waiver. … [W]e grant the petition, vacate the BIA’s final removal order, and remand for further proceedings consistent with this opinion.”

[Hats off to Brad Banias!]

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Seldom has a supposed quasi-judicial tribunal worked as hard as the current BIA to find limits on its ability to solve legal and humanitarian problems. That leaves the work to the Circuits, as in this case. 

So, why have EOIR at all? The system clearly is unconstitutional because it lacks fair and impartial adjudicators and even minimally competent administration of due process. If Garland, Monaco, and Gupta have no interest in fixing these glaring problems, then why not just transfer EOIR’s functions to the U.S. District Courts and U.S. Magistrate Judges under the supervision of the Courts of Appeals?

Dems talk big about the need for a more progressive Federal Judiciary to achieve racial justice. But, given the chance actually to create one, they sit on their hands!

Not so the GOP! Restrictionists, nativists, reactionaries and White Nationalists recognize the repressive power of a captive and co-opted Immigration Judiciary and act accordingly. “Act” — that’s the operative word that doesn’t appear to be in the Dem’s vocabulary when it comes to building a better Federal Judiciary for a better America.

Progressives might initially have cheered the appointment of these three to top leadership posts @ the DOJ. But, to date, they have shown no interest in rescinding Stephen Miller’s White Nationalist immigration policies or replacing Miller’s nativist judges with progressive expert judges @ EOIR.

 

Due Process Forever!

PWS

05-02-21