https://www.justice.gov/eoir/page/file/1504486/download
Matter of B-Z-R-, Respondent
Decided by Attorney General May 9, 2022
U.S. Department of Justice Office of the Attorney General
(1) Matter of G-G-S-, 26 I&N Dec. 339 (BIA 2014), is overruled.
(2) Immigration adjudicators may consider a respondent’s mental health in determining whether an individual, “having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States.” 8 U.S.C. § 1158(b)(2)(A)(ii); see id § 1231(b)(3)(B)(ii).
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Notably, the problem with the BIA’s poor decision-making here goes back to the Obama Administration. Their indolent, tone-deaf approach to EOIR helped “set the table” for the later weaponization and abuses by the Trump DOJ!
As A.G. Garland, and several Circuits, point out, there was no discernible rationale for the BIA’s wrong-headed decision to exclude mental health evidence from the case-by-case determination.
What’s the cost of poor decision making by the BIA?
- 8 years of wrongly decided cases;
- Unnecessary circuit splits;
- Avoidable remands;
- Lack of uniformity;
- Wasteful and unnecessary litigation;
- Wrongful deportations.
What if the BIA were composed of experts, committed to due process and best interpretations? Wouldn’t the whole system work better?
🇺🇸Due Process Forever!
PWS
05–10-22