Category: Matter of L-L-P-

WHEN DOES “IS OR WAS” MEAN “WAS AT THE TIME?” — When The BIA Wants To Screw An Abused Spouse! — Matter of L-L-P-, 28 I&N Dec. 441 (BIA 2021) Is BIA’s Latest Effort To Ignore Plain Statutory Language To Achieve Anti-Immigrant Outcome!

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”
Kangaroos
“Screwed the respondent again, this is exhilarating! Don’t they ever get tired of losing?”
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Matter of L-L-P-, 28 I&N Dec. 441 (BIA 2021)

https://www.justice.gov/eoir/page/file/1370261/download

BIA Headnote:

An applicant for special rule cancellation of removal under section 240A(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(2) (2018), based on spousal abuse must demonstrate both that the abuser was his or her lawful spouse and possessed either United States citizenship or lawful permanent resident status at the time of the abuse.

PANEL: GREER and GOODWIN, Appellate Immigration Judges; PEPPER, Temporary Appellate Immigration Judge

OPINION BY:  GOODWIN, Appellate Immigration Judge

**********************

To state the obvious, if Congress intended the meaning the BIA came up with, they would have just said “was at the time of the abuse.” 

Here are a few of the comments from the Courtside mailbox: 

  • “I hope it is not naive to think that the DV community might get a new AG to certify this. Beyond the strategic evil of granting remand and slipshod reasoning, it demonstrates a shocking ignorance of domestic violence and abuse. There is no way this would survive review at the circuit level.”
  • “Interesting that even though the Administration has set a more “immigrant friendly” tone, the BIA continues to crank out restrictive, anti-immigrant precedents, inevitably choosing the interpretation least favorable to the respondent in all precedents! I sure wish they would be ousted!”
  • “It’s the same Board Members.  I don’t remember the decisions becoming better under Obama, other than A-R-C-G-.  And the present Board is far worse in its makeup than under Obama.”
  • And, perhaps my favorite, short, accurate, and to the point: “F**k!”

It’s what happens when you create a “judiciary” far removed from the human problems and real-life in-court experiences of the community whose lives they crush under their uninformed and tone-deaf “jurisprudence.”

Starting sometime in March, Judge Garland, now one of the most highly respected Federal Judges in America, will find himself in a new position — as the “named defendant” in some the worst so-called jurisprudence in modern American legal history in the now most-litigated area in Federal civil law! This is “intentionally skewed jurisprudence” embodying White Nationalism, inhumanity, and xenophobia. 

Is that really the way he wants to be remembered by future generations? If not, what’s his plan for bringing due process, fundamental fairness, diversity, compassion, quality control, efficiency, and “practical scholarship” to our embarrassingly and disgracefully dysfunctional Immigration “Courts?”

🇺🇸⚖️🗽Due Process Forever! 

PWS

02-26-21  

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