Category: Matter of Padilla-Rodriguez

👹AS CURTAIN FALLS ON KAKISTOCRACY, BIA CLOWN SHOW 🤡 ROLLS ON TOWARD OBLIVION! — Latest Travesty Ignores Clear Statutory Language, Elevates AAO Over Circuits, Shafts TPSers Who Qualify For Legal Permanent Immigration, Makes Hash Out Of Uniform Administration Of Laws!🏴‍☠️☠️🤮

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”
Kangaroos
All In A Day’s Work — BIA Members Unwind After Ignoring Statute, Dissing Three Circuits, Screwing TPS Holders, Beating Up Unrepresented Respondent, & Aiding Their “Partners” At ICE In Demeaning Justice
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Matter of PADILLA RODRIGUEZ, 28 I&N Dec. 164 (BIA 2020)

BIA HEADNOTE:

(1) Where the temporary protected status (“TPS”) of an alien who was previously present in the United States without being admitted or paroled is terminated, the alien remains inadmissible under section 212(a)(6)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(A)(i) (2018), and removal proceedings should not be terminated.

(2) An alien whose TPS continues to be valid is considered to be “admitted” for purposes of establishing eligibility for adjustment of status only within the jurisdictions of the United States Courts of Appeals for the Sixth, Eighth, and Ninth Circuits.

BIA PANEL: MALPHRUS, Deputy Chief Appellate Immigration Judge; HUNSUCKER, Appellate Immigration Judge; GEMOETS, Temporary Appellate Immigration Judge

OPINION BY: HUNSUCKER, Appellate Immigration Judge

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

For today’s BIA, it apparently doesn’t get any better than beating up on an unrepresented respondent who actually won before the Immigration Judge! Where was the “BIA Pro Bono Program” on this one?

It’s not rocket science: INA section 244(f)(4) says: “for purposes of adjustment of status under section 245 and change of status under section 248, the alien shall be considered as being in, and maintaining, lawful status as a nonimmigrant.”

So, clearly, an individual in TPS status who is eligible for permanent immigration can adjust statutus under INA section 245, right? Of course, unless you’re the BIA and stretching to find a way to deny. And, elevating the meanderings of the AAO over the considered opinions of three Circuit Courts of Appeals shows the level of intellectual honesty and scholarship on today’s BIA!

Now, lets look at the policy results produced by the BIA’s intentional misconstruction of the plain meaning of the statute.

First, it means that except in the 6th, 8th, and 9th Circuits, individuals in TPS status, basically long term residents who are going to be remaining, working, paying taxes, and raising families in the U.S., and who also are qualified to permanently immigrate (e.g., spouses of U.S. citizens) will be mindlessly barred from doing so.

But, wait, it gets even better! That’s only the case if they have the  misfortune to live in a Circuit other than the 6th, 8th, or 9th. Of course, if they are able, they could move to one of those circuits to adjust.

Make sense? Only if you’re part of the “Clown Show of Denial.” Then, you ignore the statute, diss the Circuit Courts, and go out of your way to promote a non-uniform interpretation of the law that will screw contributing members of our society residing here legally and arbitrarily block them from achieving the permanent status to which they are entitled.

Now you can see what a difference replacing the “Clown Show” with real judges from the NDPA could make — both for the human lives and futures at stake and for sane, lawful, and fiscally efficient administration of our immigration laws! 

REPEAT AFTER ME: Hey Hey, Ho Ho, Tell The Biden Team That The EOIR Clown 🤡 Show Has Got To Go!

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Due Process Forever! Clownocracy, never!

PWS

11-24-20

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