Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges
Hon. “Sir Jeffrey” Chase reports:
Hi all:We filed an amicus brief in the attached case (drafted for us by Sullivan Cromwell) challenging the BIA’s precedent decision in Matter of K-S-E- before the 9th Circuit. K-S-E- held that firm resettlement can be found based on the availability of permanent residence in a third country, regardless of the asylum seeker’s unwillingness to pursue such status.
The 9th Cir. yesterday vacated the Board precedent and remanded for the Board to further consider the firm resettlement issue, inter alia.
Best, Jeff
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To quote one of my esteemed Round Table colleagues:
Excellent news! Should an ethnic Korean from China or Japan be forced to accept an offer of firm resettlement from North Korea? To quote our President, “C’mon, man!”
“C’mon, man,” indeed! For Garland’s BIA it’s just a question of “what can we do to screw asylum seekers today!” The level of absurdity, irrationality, and/or illegality is largely irrelevant.
It’s not like Sessions and Barr had any concern for the law. The BIA knew there would be no meaningful consequences as long as they carried out the White Nationalist anti-immigrant agenda of the Trump regime!
But, you could say much the same about Garland! There was more than ample evidence and documentation of anti-asylum bias and deficient decision making to replace of the BIA with “real judges” from among progressive experts on the day Garland was sworn in as AG.
Yet, three months later, nothing much has changed and the assault on asylum seekers and justice at Garland’s EOIR continues largely unabated. Indeed, Garland’s totally inappropriate, due process damaging, appointment of yet more (17) “Barr-picked judges” has further aggravated the problem to a simply astounding degree! It’s like you’re behind by three touchdowns in the fourth quarter and your so-called “head coach” awards your opponents 17 more points for no particular reason! What on earth is going on in Garland’s head?
Real judges on a “Reform BIA” from the ranks of progressive experts would have Matter of K-S-E-, Matter of A-B-, Matter of L-E-A-, Matter of Castro-Tum and a host of other Trumpist garbage “sorted” in no time and the now-dysfunctional EOIR system back on track to due process and functionality. What’s glaringly missing is any semblance of awareness, urgency, and competent progressive leadership from Garland and those surrounding him!
🇺🇸Due Process Forever!
PWS
06-11-21