"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
The Afghan man speaks only Farsi, but he wasn’t worried about representing himself in U.S. immigration court. He believed the details of his asylum claim spoke for themselves.
Mohammad was a university professor, teaching human rights courses in Afghanistan before he fled for the United States. Mohammad is also Hazara, an ethnic minority long persecuted in his country, and he said he was receiving death threats under the Taliban, who reimposed their harsh interpretation of Sunni Islam after taking power in 2021.
He crossed the Texas border in April 2022, surrendered to Border Patrol agents and was detained. A year later, a hearing was held via video conference. His words were translated by a court interpreter in another location, and he said he struggled to express himself — including fear for his life since he was injured in a 2016 suicide bombing.
At the conclusion of the nearly three-hour hearing, the judge denied him asylum. Mohammad said he was later shocked to learn that he had waived his right to appeal the decision.
“I feel alone and that the law wasn’t applied,” said Mohammad, who spoke to The Associated Press on condition that only his first name be used, over fears for the safety of his wife and children, who are still in Afghanistan.
. . . .
Hon. Jeffrey S. Chase Jeffrey S. Chase Blog Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges
Former immigration judge Jeffrey Chase, who reviewed the transcript, said he was surprised John-Baptiste waived Mohammad’s right to appeal and that the Board of Immigration Appeals upheld that decision. Case law supports granting protection for people who belong to a group long persecuted in their homelands even if an individual cannot prove specific threats, said Chase, an adviser to the appeals board.
But Andrew Arthur, another former immigration judge, said John-Baptiste ruled properly.
“The respondent knew what he was filing, understood all of the questions that were asked of him at the hearing, understood the decision, and freely waived his right to appeal,” Arthur, a fellow at the Center for Immigration Studies, which advocates for immigration restrictions, said via email.
Chase said the hearing appeared rushed, and he believes the case backlog played a role.
“Immigration judges hear death-penalty cases in traffic-court conditions,” said Chase, quoting a colleague. “This is a perfect example.”
Overall, the 600 immigration judges nationwide denied 63% of asylum cases last year, according to Syracuse University’s Transactional Records Access Clearinghouse. Individual rates vary wildly, from a Houston judge who denied all 105 asylum requests to a San Francisco one denying only 1% of 108 cases.
John-Baptiste, a career prosecutor appointed during the Trump administration’s final months, denied 72% of his 114 cases.
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Read Julie’s complete article at the link.
Hazaras are an historically persecuted group in Afghanistan whose already perilous situation has demonstrably worsened under the Taliban. See, e.g., https://www.ushmm.org/genocide-prevention/blog/urgent-action-needed-hazaras-in-afghanistan-under-attack. This case should have been a “slam dunk grant” under a proper application of precedents like Cardoza and Mogharrabi! Additionally, Hazara claims should be routinely grantable under the “pattern or practice of persecution” regulations that EOIR judges are supposed to apply (but seldom do).
No wonder this system builds incredible unnecessary backlogs when it botches the easy grants, wastes time on specious, disingenuous reasons for denial, and allows questionably-qualified judges to run roughshod over due process, the rule of law, and binding precedents.
Here’s additional commentary from “Sir Jeffrey:”
Thankfully, the amazing Steve Schulman at Akin Gump took on Mohamed’s case after his pro se hearing, and Human Rights First provided additional support.
(The Round Table was prepared to file an amicus brief on this one at the Fifth Circuit, but an agreement was reached to reopen the case at the IJ level before briefing was due.)
That the Government agreed to reopen this case basically “says it all” about the absurd result in the original hearing and the bogus “waiver” of appeal.
In the fall of 2011, I was an unemployed recent journalism school graduate in a country still clawing its way back from recession. At a family reunion, my grandma pulled out a piece of paper with a list of signatures — signatures required to trigger a recall election against Wisconsin Gov. Scott Walker (R), who’d just inspired massive protests by ramming through a bill that stripped public sector employees of their right to bargain collectively.
She asked me to sign the recall petition, and I did.
Three years later, while I was working for a small political magazine in D.C., I wrote an innocuous blog post about Walker. The Walker campaign called the magazine’s managing editor — my boss’s boss — and complained that I couldn’t write about the governor because I had signed the recall petition three years earlier. The managing editor was furious with me for failing to disclose my actions as an unemployed 22-year-old. I was terrified, sure that I was going to get fired.
That’s the type of guy Walker is. He governed Wisconsin with the same vindictive pettiness, transparent corruption and laser-like focus on further oppressing already marginalized people that we now see in the Trump administration (there’s a word for this style of governance.) He was the sad, preservative-laced ham sandwich in the otherwise unassuming brown paper bag of Wisconsin politics. He would tell you, unconvincingly, that he needs his black and orange Harley Davidson jacket when he is about to go into a controlled slide on his hog. He is Miracle Whip personified. He’s the kind of guy who’d call your boss’ boss to try to get you fired.
Now he’s the one out of a job.
Beneath his corn-fed, “aw shucks” facade, Walker is one of the most conniving figures to emerge from conservative politics in the past decade.
Walker’s loss on Tuesday night had a sort of poetic justice: After the 2016 election, Walker and Republicans in the state legislature passed a rule tightening the state’s recount law. The new law requires that candidates must lose by 1 percent or less to ask for a recount. On Tuesday, Walker lost the governorship to State Superintendent Tony Evers by 1.1 percentage points.
Walker and his allies will surely consider the devastation he brought to Wisconsin over the past eight years a success. Taken together, Walker’s legacy adds up to eight years of ruin for Wisconsin’s working classes, for people of color and for the environment — all in service of further enriching the already-rich.
Beneath his corn-fed, “aw shucks” facade, Walker is one of the most conniving figures to emerge from conservative politics in the past decade. It will take decades to repair the damage he and his allies did to my home state. And much of what he broke can never be made whole again.
Throughout his two terms as governor, Walker has remained consistent in his core political strategy: promising jobs that will never appear. Look at Walker’s election-year gambit: to bring Taiwanese electronics manufacturer FoxConn to Wisconsin with promises of well-paying, high-tech jobs for Wisconsin workers.
Reality has not lived up to those expectations. FoxConn promised to create 13,000 jobs at its Wisconsin factory at an average salary of $53,875. In exchange, Walker’s administration awarded FoxConn more than $3 billion in state tax breaks and credits — equaling more than $230,000 per job the company promised. Walker could have used that money to fund a public works program to employ more than four times as many people, at the same salary, for the same cost of the FoxConn deal.
Let’s just say that, under Walker, Wisconsin underperformed its Democrat-run cousin, Minnesota, on nearly every meaningful metric: Non-farm job growth. Median income. Population growth. Median hourly wages. The share of people with health insurance.
I suspect that one reason Walker failed so badly is that although he is conniving to his core, he is not smart. Think back to when he took a prank call from someone pretending to be David Koch. Or when, as Milwaukee County executive, he signed a letter to a Jewish constituent with, “Thank you again and Molotov.” Or when he claimed he got his bald spot from bumping his head on a kitchen cabinet door. Walker has a Ph.D. in power lust and an “I tried!” sticker in political acumen.
He wasn’t even good at hiding his corruption. During his campaign for governor, while serving as county executive, Walker’s staff set up a secret wireless router in his public office to communicate about the campaign using taxpayer resources. One of Walker’s aides at the time was sentenced to six months in prison for felony misconduct.
Walker was a cheap date for corporate executives in search of friendlier laws. A John Doe investigation revealed that after a billionaire lead producer gave $750,000 to a conservative group supporting Walker and his party in the 2012 recall elections, Walker and his party passed a measure that retroactively shielded paint makers from liability.
So, on Tuesday night, Walker did what he has always done, from the moment he decided to pursue a career in politics: He failed. I hope some of his supporters, including some of my own family members, will now wake up to the fact that they were duped.
Scott Walker failed as a governor. On Tuesday, he failed as a politician. The schmuck even failed at getting me fired. Good riddance.
Congrats, Wisconsin voters on returning decency, honesty, and competency to your Governor’s office!
