https://www.ca5.uscourts.gov/opinions/unpub/18/18-60251.0.pdf

Morales Lopez v. Garland, 5th Cir., 03-19-21, unpublished

PANEL: Southwick, Graves, and Engelhardt, Circuit Judges

OPINION BY: James E. Graves, Jr., Circuit Judge

KEY QUOTE:  

Morales Lopez argues that the IJ improperly determined that she did not make a sufficient showing of past persecution and a well-founded fear of future persecution. Regarding past persecution, Morales Lopez argues that the IJ erroneously (1) required each incident of harm to rise to the level of persecution, (2) failed to consider all relevant incidents of harm, (3) required a showing of physical harm, and (4) failed to consider significant liberty deprivations suffered by Morales Lopez and her children. Morales Lopez further argues that (5) the substantial evidence compels a finding of past

10

Case: 18-60251 Document: 00515788451 Page: 11 Date Filed: 03/19/2021

No. 18-60251

persecution and (6) the IJ erred by failing to consider Morales Lopez’s psychological harm.

Regarding a well-founded fear of future persecution, Morales Lopez argues that the IJ erroneously (1) applied a preponderance-of-the-evidence standard instead of a reasonable-possibility standard; (2) failed to evaluate Morales Lopez’s fear of future persecution using the four-part test set forth in In re Mogharrabi; (3) conflated the past-persecution and well-founded-fear- of-future persecution analyses, (4) required Morales Lopez to offer direct proof of her persecutors’ motives, and (5) mischaracterized Ungar’s testimony. Morales Lopez further argues that (6) the substantial evidence compels a finding of a well-founded fear of future persecution.

Although we neither agree with nor reach all of Morales Lopez’s arguments, we agree with her overarching point: the IJ and the BIA improperly determined that Morales Lopez did not make a sufficient showing of past persecution and a well-founded fear of future persecution. We address Morales Lopez’s arguments in turn.

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

Too bad this is unpublished. Once again, a Circuit Court has to provide the detailed analysis required by due process after the supposedly “expert” BIA commits error after error!

When they get below the “caption line” in an opinion, things go south fast for EOIR judges. I’d attribute that to a deadly combination of poor judicial selection, defective training, a “culture of prejudgement and denial,” large-scale overuse and misuse of the woefully inadequate and outdated “contemporaneous oral decision” format (not used by any other “court” for decisions of this importance and complexity), “haste makes waste” gimmicks, absurd “quotas,” inane “performance ratings,” constant political interference with decision-making, disastrously incompetent unprofessional docket management, and maliciously incompetent “leadership” from the DOJ. It’s an ungodly and inexcusable mess.

Sadly, my grim description doesn’t begin to capture just how embarrassingly unjust, unfair, dysfunctional, and just plain terrible EOIR’s “killer clown show” 🦹🏿‍♂️🤡 is. Not to mention that it is clearly unconstitutional, and a “living  repudiation of due process” as currently constituted and operated. Put this pathetic imitation of a “court system”out of its misery before it causes any more destruction of human lives and irreparable damage to our justice system!

Judge Garland, where, oh where, are you in American justice’s hour of need? Stop this disgraceful mockery of justice, humanity, and common sense! Now!

In the meantime, as I had warned, Judge Garland’s previously sterling record as a jurist 👨🏻‍⚖️ is being tarnished daily by association with some of the worst jurisprudence out there, courtesy of America’s Star Chambers,🏴‍☠️ a/k/a “Clown Courts,” 🤡🦹🏿‍♂️ now wholly owned by HIM, and “operated” in HIS name!

🇺🇸⚖️🗽Due Process Forever! Clown Courts🤡🦹🏿‍♂️ & Star Chambers☠️🏴‍☠️⚰️, Never!

PWS

03-21-21