Here’s the decision (unfortunately unpublished):
https://drive.google.com/file/d/15v7-tVnh-eqBWDWgwBE-Wxqx4rNCH_f8/view?usp=drivesdk
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There is more helpful, practical guidance in Judge Liebmann’s “two-pager” than in most BIA precedents. So, why isn’t this a precedent?
A.G. Garland overruled Session’s abominable, wrong-headed precedent nearly one year ago. Yet, there has been no further guidance from the BIA on the meaning of the “reinstated A-R-C-G-.” Nor, have the so-called “gender-based regulations” ordered by Biden and referenced by Garland ever seen the light of day.
Meanwhile, there are many cases like this out there in the backlog. Most of them could be granted with proper guidance and supervision from a “Better BIA.” No wonder the backlog continues to grow!
My prediction that the “ascension” (she was a “mere TBM” at the time of this particular decision) of Judge Liebmann to join Judge Saenz on the BIA would be a “breath of fresh air” for practitioners appears to be gaining at least some traction. But, it’s going to take more than two well-qualified judges to pull the BIA out of its current “death spiral.”
🇺🇸Due Process Forever!
PWS
05-13-22