http://media.ca11.uscourts.gov/opinions/pub/files/201814788.pdf
AMEZCUA-PRECIADO v. U.S. ATTORNEY GENERAL, 11th Cir., 12-03-19, published (per curium)
PANEL: BRANCH, FAY and HULL, Circuit Judges.
Maria Amezcua-Preciado, a native and citizen of Mexico, along with her two minor children, petitions for review of the Board of Immigration Appeals’ (“BIA”) final order reversing the Immigration Judge’s (“IJ”) grant of her application for asylum and denying her withholding of removal. The BIA concluded, based on recent precedent from the Attorney General, Matter of A-B-, 27 I. & N. Dec. 316 (A.G. 2018), that Amezcua-Preciado’s proposed social group of “women in Mexico who are unable to leave their domestic relationships” was not a cognizable particular social group under the Immigration and Nationality Act (“INA”). After review, we agree with the BIA that Amezcua-Preciado failed to establish membership in a particular social group. We thus deny Amezcua- Preciado’s petition for review.
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Wow, what an amazingly gutless and disingenuous performance! Complicit Article III courts have become one of the Trump Regime’s key White Nationalist tools for “deconstructing” U.S. immigration, refugee, and asylum laws.
These aren’t legal disagreements; they are a derelictions of ethical and moral responsibilities. Matter of A-B- was a biased, legally incorrect, factually distorted, unethical attack on asylum law by a Sessions, who was not a “fair and impartial adjudicator.” It ignored a generation of well-developed jurisprudence, legal analysis, and overwhelming factual support for recognizing gender-based domestic violence as a basis for asylum.
Matter of A-R-C-G-, overruled by A-B-, represented a broad consensus within the legal community. Indeed, much of the impetus for that decision came from DHS itself, who had been successfully and efficiently applying its principles in Asylum Offices and in Immigration Courts long before A-R-C-G- actually became a precedent. Remarkably, no actual party requested Sessions’s intervention in A-B-; he rejected ICE’s request to vacate his interference and return the case to the BIA for adjudication under A-R-C-G- criteria. Obviously, the fix was on. But, that made no difference to Branch, Fay, and Hull in their disingenuous haste to “roll over” for the White Nationalist agenda.
I hope that when future historians eventually dissect the rancid racism, misogynism, and White Nationalism of the current regime they will fully expose jurists like Branch, Fay, & Hull who used their privileged positions to “go along to get along,” enabling and furthering the regime’s illegal and unethical “war on asylum seekers, migrants of color, and women.”
DUE PROCESS FOREVER; COMPLICIT COURTS NEVER!
PWS
12-03-18