GARLAND’S “MILLER LITE” BIA CONTINUES ASSAULT ON ASYLUM SEEKERS — MATTER OF D-G-C-, 28 I&N Dec. 297 (BIA 2021) Is Latest Anti-Asylum Missive Issued By Garland’s Captive Courts!

https://www.justice.gov/eoir/page/file/1401876/download

BIA HEADNOTE:

The mere continuation of an activity in the United States that is substantially similar to the activity from which an initial claim of past persecution is alleged and that does not significantly increase the risk of future harm is insufficient to establish “changed circumstances” to excuse an untimely asylum application within the meaning of section 208(a)(2)(D) of the Immigration and Nationality Act, 8 U.S.C. § 1158(a)(2)(D) (2018).

PANEL: GREER, WILSON, and GOODWIN, Appellate Immigration Judges.

OPINION: Judge Goodwin

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

I adopt the comments of my good friend and Round Table colleague, Judge Jeffrey Chase:

I really see this as a continuation of the McHenry Deportation Machine policy.  This is a very fact-sensitive issue that should be left to IJs to determine on a case-by-case basis.  Providing the hundreds of Trump IJ hires with a general rule for pretermitting asylum is going to lead to abuse.

For progressives, it’s like the election never took place and Barr is still running the DOJ! 

And, for those progressives who try hard not to pay attention to the ongoing and worsening due process disaster in Immigration Court, it’s not such a good sign either! How do you seriously expect to get a more progressive Article III Judiciary when the Biden Administration, through Garland, maintains the Immigration Courts, which they control without any Senate confirmation process, as a haven for Trump-era judicial appointees and anti-progressive, anti-due process, anti-asylum, racially-demeaning policies that were part of Stephen Miller’s White Nationalist agenda?

Stephen Miller Monster
His policies and his judges remain “alive and well” in Garland’s dysfunctional Immigration Courts, while progressive human rights experts have been consigned to the “black of the bus.”  Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

All the hard, often thankless and even dangerous, work that human rights and immigration progressives have put in to maintain some semblance of racial justice and due process in the immigration system in the face of the numerous Trump onslaughts over the past four years, and to get Biden and Harris elected, apparently has earned them neither a “place at the table” nor any respect for their views, expertise, and importance to this Administration’s success. That raises serious questions about the future of the Democratic Party and the role of progressives therein.

🇺🇸Due Process Forever!

PWS

06-07-21

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