Online Editor of the LexisNexis Immigration Law Community (ILC)
Dan Kowalski reports from LexisNexis Immigration Community:
https://www.ca5.uscourts.gov/opinions/pub/19/19-60760-CV0.pdf
“The collateral consequences of the BIA’s order ensure that Arulnanthy’s petition for review remains justiciable despite his removal to Sri Lanka. Substantial evidence supports the finding that Arulnanthy was not a credible witness. And the BIA was right to consider Arulnanthy’s lack of credibility fatal to his asylum claim. But the BIA’s refusal to consider his country-conditions evidence in the purely objective CAT context was error. We therefore REMAND the petition as to the CAT claim and DENY it in all other respects.”
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This isn’t “rocket science” and the 5th Circuit is hardly known as a hotbed of due process and fundamental fairness for migrants!
But, when the BIA starts with “the migrant loses” as the “bottom line,” and then reasons backwards (if they bother reasoning at all, in their usual haste to keep the “deportation assembly line” moving) the “analysis” is likely to be defective. This 5th Circuit panel actually took their job of analyzing the record before them more seriously than Garland “faux expert” BIA!
One would think that a former Court of Appeals Judge would take due process, impartiality, and quality control seriously in his “wholly owned and operated ‘court’ system.” But, that would be someone other than Judge Garland!
🇺🇸Due Process Forever! Xenophobia, Never!
PWS
11-09-21