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Dan Kowalski on LexisNexis:
CA5 “Overlooked Evidence” Remand: Emmanuel-Tata v. Garland (unpub.)
Emmanuel-Tata v. Garland (unpub.)
“Tarlishi Emmanuel-Tata, a native and citizen of Cameroon, petitions for review of the Board of Immigration Appeals’ decision affirming the Immigration Judge’s denial of his claims for asylum, withholding of removal, and protection under the Convention Against Torture. We GRANT the petition for review and REMAND for further consideration. … Emmanuel-Tata challenges both the BIA’s factual determinations and whether it gave his claims full and fair consideration. We begin by examining Emmanuel-Tata’s argument that the BIA failed to consider all the evidence. This argument relies on a BIA statement that the record “does not contain any country conditions evidence indicating that Anglophones are regularly subject to persecution,” and that “[t]he record does not contain any country conditions evidence indicating the type of punishment the respondent may face as a result of his criminal charges.” There is such evidence, though. … The significance of the overlooked evidence is clear. … Because the BIA erroneously found there was no record evidence about relevant country conditions, Emmanuel-Tata did not receive “meaningful consideration of the relevant substantial evidence supporting” his claims. See Abdel-Masieh, 73 F.3d at 585. We therefore reverse the BIA’s decision. We need not further consider the BIA’s factual determinations. The petition for review is GRANTED and we REMAND to the BIA for further consideration.”
[Hats off to Brian Plotts! Brian, make a motion to publish!]
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As any “immigration pro” knows, the DOJ has to work hard to lose immigration cases in the “ultra-conservative” 5th Circuit. But, even judges not very sympathetic to migrants don’t like being “played for fools” by a DOJ where “quality, integrity, and due process” definitely are “NOT job one.”
Highlighting the constant stream of bogus findings, “canned” decisions, ignored records, and chronic contemptuous sloppiness is a great way to for the NDPA to make inroads with even the most unsympathetic Circuit panels. While some Article III judges are willing to overlook the BIA’s endemic shortcomings, hiding behind the “bogus deference” doctrine, they might be less willing to “do the BIA’s dirty work for them.”
“Times are hard
You’re afraid to pay the fee
So you find yourself somebody
Who can do the job for free
When you need a bit of lovin’
‘Cause your man is out of town
That’s the time you get me runnin’
And you know I’ll be around
I’m a fool to do your dirty work
Oh yeah
I don’t wanna do your dirty work
No more
I’m a fool to do your dirty work
Oh yeah”
From “Dirty Work” by Steely Dan (1972)
Listen on Youtube here: https://m.youtube.com/watch?v=ghcsrblhn7A
Songwriters: Donald Jay Fagen / Walter Carl Becker
Dirty Work lyrics © Universal Music Publishing Group
🇺🇸Due Process Forever!
PWS
01-13-22