Tag: Judge Beth Liebmann

⚖️🧑🏻‍⚖️BIA APPELLATE JUDGE BETH LIEBMANN ISSUES MATTER OF A-B- REMAND, PROVIDES USEFUL GUIDANCE!

 

Here’s the decision (unfortunately unpublished):

https://drive.google.com/file/d/15v7-tVnh-eqBWDWgwBE-Wxqx4rNCH_f8/view?usp=drivesdk

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There is more helpful, practical guidance in Judge Liebmann’s “two-pager” than in most BIA precedents. So, why isn’t this a precedent?

A.G. Garland overruled Session’s abominable, wrong-headed precedent nearly one year ago. Yet, there has been no further guidance from the BIA on the meaning of the “reinstated A-R-C-G-.” Nor, have the so-called “gender-based regulations” ordered by Biden and referenced by Garland ever seen the light of day. 

Meanwhile, there are many cases like this out there in the backlog. Most of them could be granted with proper guidance and supervision from a “Better BIA.” No wonder the backlog continues to grow!

My prediction that the “ascension” (she was a “mere TBM” at the time of this particular decision) of Judge Liebmann to join Judge Saenz on the BIA would be a “breath of fresh air” for practitioners appears to be gaining at least some traction. But, it’s going to take more than two well-qualified judges to pull the BIA out of its current “death spiral.”

🇺🇸Due Process Forever!

PWS

05-13-22  

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⚖️🧑🏻‍⚖️EOIR: GARLAND ELEVATES JUDGE BETH LIEBMANN TO THE BIA — She Had Previously Been A “Temporary” Appellate Immigration Judge!

 

https://www.justice.gov/eoir/page/file/1494266/download

   NOTICE

U.S. Department of Justice

Executive Office for Immigration Review

Office of Policy

5107 Leesburg Pike

Falls Church, Virginia 22041

Contact: Communications and Legislative Affairs Division Phone: 703-305-0289 PAO.EOIR@usdoj.gov

www.justice.gov/eoir @DOJ_EOIR April 13, 2022

   EOIR Announces New Appellate Immigration Judge

Attorney General Garland Continues to Appoint Highly-Qualified Judges

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced that Attorney General Merrick B. Garland has appointed Beth Liebmann as a Member of EOIR’s Board of Immigration Appeals (BIA).

The BIA is the highest administrative body for interpreting and applying immigration laws, having nationwide jurisdiction to hear appeals of decisions by adjudicators, including Immigration Judges.

EOIR recognizes the many benefits of a diverse and inclusive workforce and is looking for qualified candidates from all backgrounds to join our team. Individuals interested are invited to sign up for job alerts sent when new opportunities become available.

Biographical information follows:

Beth Liebmann, Appellate Immigration Judge

Attorney General Merrick B. Garland appointed Beth Liebmann as an Appellate Immigration Judge in April 2022. Judge Liebmann earned a Bachelor of Arts in 1981 from Brandeis University and a Juris Doctor in 1984 from the University of Miami School of Law. From June 2009 through the time of her appointment, she served as a Senior Legal Advisor with the Board of Immigration Appeals (BIA). During her tenure at the BIA, she also served as a temporary Immigration Judge and a temporary Appellate Immigration Judge. From 1995 to 2009 she was an attorney team leader at the BIA, and gained broad agency experience through details to the Office of the General Counsel and the Office of Immigration Litigation, Civil Division, Department of Justice. From 1985 to 1995, she served as an Attorney Advisor for the BIA. She began her career with the Department of Justice in 1984 as a Judicial Law Clerk at the Miami and Miami Krome immigration courts as part of the Attorney General’s Honors Program. Judge Liebmann is a member of the District of Columbia Bar and the Florida Bar.

— EOIR —

 Communications and Legislative Affairs Division

 

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Congrats, Beth! 😎 I appointed Beth to her supervisory attorney position at the BIA in 1995, shortly after I became Chair. Recently, her dissent in Matter of T-C-A-, 28 I&N Dec. 492 (BIA 2022) was featured in Courtside. https://immigrationcourtside.com/2022/02/26/%f0%9f%91%a9%f0%9f%8f%bb%e2%9a%96%ef%b8%8f-temporary-appellate-judge-beth-liebmann-gets-it-right%f0%9f%98%8e-but-garlands-bia-majority-steamrolls/

🇺🇸Due Process Forever!

PWS

04-15-22

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👩🏻‍⚖️ “TEMPORARY” APPELLATE JUDGE BETH LIEBMANN GETS IT RIGHT,😎 BUT GARLAND’S HOLDOVER BIA MAJORITY “STEAMROLLS” STATUTE TO BAR ASYLEE ADJUSTMENT AT DHS’S REQUEST! ☹️ — Matter of T-C-A-, 28 I&N Dec. 472 (BIA 2022)

 

https://www.justice.gov/eoir/page/file/1476746/download

Matter of T-C-A-, 28 I&N Dec. 472 (BIA 2022)

BIA HEADNOTE:

An applicant for adjustment of status under section 209(b) of the Immigration and Nationality Act, 8 U.S.C. § 1159(b) (2018), must possess asylee status at the time of adjustment, and thus an applicant whose asylee status has been terminated cannot adjust to lawful permanent resident status under this provision.

PANEL:

WILSON and GOODWIN, Appellate Immigration Judges. Concurring and Dissenting Opinion: LIEBMANN, Temporary Appellate Immigration Judge.

OPINION BY: Judge Goodwin

CONCURRING & DISSENTING:  Judge Liebmann

KEY QUOTE FROM JUDGE LIEBMANN’S SEPARATE OPINION:

Based on the unambiguous and controlling language “any alien granted asylum” in section 209(b) of the Act, I would hold that an asylee who has not previously adjusted to lawful permanent resident status pursuant to section 209(b) may apply for adjustment of status under that section even after termination of asylee status, provided that the noncitizen continues to be a refugee or the spouse or child of a refugee. A review of the overall context of section 209(b) of the Act, the governing regulations, and relevant case law supports this reading of the statute. I would therefore remand to permit the respondent to apply for adjustment of status pursuant to section 209(b). [Citation Omitted]

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Nice to see some common sense “scholarly pushback” to the Garland “Holdover” BIA’s ridiculously pro-DHS-tilted precedents. While Garland apparently isn’t paying any attention to what’s being done in his name, hopefully the Appellate Courts will pick up on Judge Liebmann’s cogent analysis.

🇺🇸 Due Process Forever!

PWS

02-26-22

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