Here it is, opinion by Judge Stephanie Thacker:
Portillo-Flores-4th-ElSal-EnBancThe concurring opinion by Judge James Wynn says:
Generally, when the Board of Immigration Appeals errs, “the proper course . . . is
to remand to the agency for additional investigation or explanation.” Alvarez Lagos v. Barr, 927 F.3d 236, 249 (4th Cir. 2019) (quoting INS v. Ventura, 537 U.S. 12, 16 (2002) (per curiam)). “But that is not an invariable rule.” Id. If the record evidence, considered as a whole, “would compel ‘any reasonable adjudicator’ to reach the opposite conclusion, then a remand is unnecessary, and [this Court] will reverse the Board’s finding.” Id. (quoting Cruz v. Sessions, 853 F.3d 122, 130 (4th Cir. 2017)).
II.
Here, as the majority opinion holds, the immigration judge and the Board ofImmigration Appeals erred by applying the wrong legal standards, arbitrarily disregarding relevant evidence, and failing to explain their decisions adequately. See Maj. Op. at 3, 12– 13, 16–18, 20–21, 25–26, 27–33. And based on such errors, the majority vacates the agency’s determination as to each prong of the asylum analysis—persecution, nexus to a protected ground, and government control—and remands for reconsideration. See id. at 3, 18, 21, 27–33. But when all relevant evidence in the record is properly considered under
the correct legal standards, any reasonable adjudicator would be compelled to conclude 35
that Petitioner suffered past persecution as a child and that his membership in his nuclear family was at least one central reason for that persecution.
. . . .
I conclude by adding that Petitioner has been seeking protection in the United States for more than five years. We should not prolong his quest any more than necessary.
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Hats off to everyone involved in this!
Particular kudos to Judge Stephanie Thacker who wrote the majority and whose vigorous dissent from the wrong-headed panel decision undoubtedly helped secure en banc review. She stuck to her guns!
U.S. Circuit Judge
Fourth Circuit
Photo From Ballotpedia
Also, much appreciation to Judge James Wynn for his separate opinion 1) calling out the” poppycock” in the dissent; and 2) drawing attention to the highly improper and recurring problem with EOIR keeping deserving asylum seekers dangling for many years while they think of bogus reasons to deny asylum to please their “enforcement masters” at DOJ and DHS. This is neither due process nor justice! No wonder the backlogs are sky high!
U.S. Circuit Judge
Fourth Circuit
PHOTO: Wikipedia
As my esteemed Round Table colleague Hon. “Sir Jeffrey” Chase said:
“It’s remarkable how much good law is packed into this one decision.”
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges
The corollary to that is: “It’s remarkable how much bad law and poor judicial performance is packed into EOIR’s bungling of these life or death cases which deserve and require both expert judges and fair, timely adjudication in accordance with asylum law and due process.”
When are Garland, Monaco, Gupta, and Clarke finally going to pull the plug on “Club Denial” at the BIA and bring in some real judges who will respect individuals’ civil, constitutional, and human rights, and start setting forth much better precedents that incorporate the wise teachings of folks such as Judge Thacker and Judge Wynn? The latter two jurists certainly appear to understand the Immigration Court system and its many (potentially fixable, but not the way Garland is going about it) flaws and shortcomings much better than anyone in EOIR HQ or on Garland’s staff.
The ongoing travesty of justice @ EOIR and the lives threatened thereby continue to be a national disgrace on Garland’s watch!
🇺🇸Due Process Forever!
PWS
06-29-21
Paul, as to your comments about how much bad law was packed into EOIR’s decisions below in this case, it’s worth mentioning that our Round Table brief’s argument section began with: “Amici are concerned that the panel majority’s decision in this case demands too little from the immigration courts and the Board of Immigration Appeals.”
Hear, hear!