Here’s the link to Matter of C-G-T-, 28 I&N Dec. 740 (BIA 2023):
https://www.justice.gov/eoir/page/file/1594626/download
Here’s the link to Matter of Cabreara-Fernandez, 28 I&N Dec, 747 (BIOA 2023):
https://www.justice.gov/eoir/page/file/1595041/download
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This e-mail exchange among experts says it all about Cabrera-Fernandez:
Expert 1: Wow – they never miss a chance to hurt noncitizens, do they?
Expert 2: The cruelty is the point.
IMAGE: Amazon.com
With an available interpretation that would have allowed regularization of status, what purpose is served by devising a way to keep these otherwise qualified Cubans in limbo? Why would the DHS appeal a decision like this? Why would the BIA reward them for pursuing a result that is 1) inhumane, 2) undesirable, and 3) entirely avoidable with a little creativity and common sense (see, IJ in this case)?
No wonder we have backlogs everywhere an a dysfunctional system that nobody in charge seems interested in fixing — even when fixes are available and basically “cost free?” Better leaders and more enlightened decision-makers would be helpful.
🇺🇸Due Process Forever!
PWS
09-12-23